Originally published at: FMCSA taking comments on industry-wide ELD exemption - FreightWaves
Federal regulators are weighing a proposal to allow drivers to ditch ELDs for paper logs, potentially ending the digital mandate for small carriers.
SBTC’s November 1, 2025 Petition for Review of ELD Rule:
Sent: Saturday, November 01, 2025 at 8:42 PM
From: “James Lamb” JimLamb@usa.com
To: “secretaryduffydot.gov” secretaryduffy@dot.gov, “Barrs, Derek (FMCSA)” derek.barrs@dot.gov
Cc: Gregory.Zerzan@dot.gov, “Elison, Jesse (FMCSA)” jesse.elison@dot.gov, “Minor, Larry (FMCSA)” larry.minor@dot.gov, “Laurence Socci” laurence.socci@soccilawfirm.com, mar@marcorubio.com, deputydirector@fbi.gov
Subject: PETITION for Review of the ELD Rule for NATIONAL SECURITY ReasonsDear Secretary Duffy & Administrator Barrs,
On August 25, 2025, the Department revised its webpage on reviews of regulations (formerly known as 49 CFR 5.13(c)(4)(i) “retrospective reviews,” which are still referenced on this page) as follows:
Please note, this page states:
"U.S. Department of Transportation
DOT’s Review Plan
Background
The DOT has long recognized the importance of regularly reviewing its existing regulations to determine whether they need to be revised or revoked. We also have responsibilities under Executive Order 12866 (“Regulatory Planning and Review”) and section 610 of the Regulatory Flexibility Act to conduct such reviews. In the review of our rules, we also consider the need to rewrite existing rules using plain language. Our review plan is published in Appendix D to our Semiannual Regulatory Agenda. The actions we are taking are described there in more detail.
Section 610 Review Plan
Section 610 of the Regulatory Flexibility Act requires that we conduct reviews of rules that (1) have been published within the last 10 years and (2) have a “significant economic impact on a substantial number of small entities” (SEIOSNOSE). It also requires that we publish in the Federal Register each year a list of any such rules that we will review during the next year. The Office of the Secretary and each of DOT’s Operating Administrations have a 10-year review plan in accordance with section 610.
Other Review Plan(s)
All elements of the Department, except for the Federal Aviation Administration (FAA), also use this 10-year plan process to comply with the review requirements of the Department’s Regulatory Policies and Procedures and Executive Order 12866. The FAA plan is described under DOT’s Review Process.
Changes to the Review Plan
Some reviews may be conducted earlier or later than scheduled. For example, events – such as accidents – may result in the need to conduct earlier reviews of some rules. We also might make changes in response to public comment on this plan or in response to a Presidentially-mandated review. If there is any change to the review plan, we will note the change in the next Regulatory Agenda. For any section 610 review, we will provide the required notice prior to review.
More Retrospective Review Sections
DOT’s Review Process
DOT’s List of Regulatory Reviews
Retrospective Review and Analysis of Existing RulesLast updated: Monday, August 25, 2025"
As you know, SBTC last sought (retrospective) review of the ELD rule in 2022, as referenced here:
We raised national security concerns over hacking and the possibility of remote takeover of trucks through telematics, especially HAZMAT trucks.
SBTC also rang the bell here:
The Department of Homeland Security this week reported on its crackdown on illegal immigrant truckers:
ICE issued this statement:
Along these lines… four months ago, SBTC called on CVSA to prioritize ELP enforcement against HAZMAT trucks:
The media have referred to this situation as a “foreign invasion:”
Comes now, SBTC pursuant to 49 CFR 5.3, to request reconsideration of its September 10, 2021 petition for review of the ELD rule, now as a matter of a 49 CFR 5.3 review…
…and consider suspension or repeal of the ELD rule insofar as telematics have been shown to be vulnerable to remote hacking, which could enable remote takeover of a truck’s steering, acceleration, and/or braking, and jeopardize our National Security.
Secretary of State Marco Rubio and FBI Deputy Director Dan Bongino are copied here for their information.
Thank you.Sincerely,
/JAMES LAMB/
SBTC Executive Director
The honor system worked so well for ELD Device Manufacturers (not!) so why would it work any better for the fleet compliance that motivated HOS digital tracking in the first place? Enough fiction writers out there to worry Stephen King?