THE
NEWSLETTER OF THE AMERICAN DRIVING SOCIETY, INC. NL245
Representing Carriage Driving in the United States and Canada
IN THIS ISSUE: NOTES From the Editor .......................................1 ADS NEWS • Nominations Sought: ADS Board of Directors ..............................................1 • Give the Gift of The Whip ..................... 2 NEWS • WEG Tickets on Sale Now ................... 2 • ELD Update from the American Horse Council ....................................3-5 OPINIONS From Between My Blinders .................... 6
January 2018
NOTeS
Happy New Year!
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appy New Year from all of us at the ADS. We hope you had a memorable holiday and are looking forward to a prosperous year. We’ve had a few administrative changes of which I wanted to make you aware. I’ve accepted the role of ADS Executive Director. I am thrilled to serve the organization in this new capacity, and will continue my editorial role for the publications. Kim Moore has accepted the position of ADS Advertising Sales Representative, so she will be growing and servicing our advertising accounts over both print and digital platforms. You can contact her directly via email at Kim@americandrivingsociety.org. I’d like to thank Stacy Carlson, our long-time Director of Administration, for her continuing work with the ADS. She is a fount of knowledge about everything ADS, and we deeply appreciate her. A change that we’ve made during the 2018 budgeting process is to make this newsletter, The Wheelhorse, a strictly digital publication. Whereas members previously had to option to receive a print copy, we’ve opted to go paperless with our bulletin in 2018. Rest assured that The Whip will continue to be printed, and you’ll receive that in February, May, August, and November. We’re looking forward to the February ADS Board Meeting at Grand Oaks over February 23-26, during which we plan to test a new conference pod that we hope will make the dial-in experience more interactive for our members. Finally, our thoughts are with our members who are affected by the fires in Southern California. We are keeping you all close in thought.
Abbie
ADS NewS
Nominations Sought: ADS Board of Directors
Don’t miss Grooming for the Carriage Ring in the February issue of . Photo by Jacob Arnold.
Articles that appear in The Wheelhorse do not necessarily reflect the opinions or position of The American Driving Society, Inc. (ADS), its Board of Directors or staff, nor does publication of said articles constitute an endorsement of the view they may express. Accuracy of all material is the sole responsibility of the authors. Appearance of an advertisement in The Wheelhorse does not constitute an endorsement or recommendation by the ADS of the goods and services therein.
Submitted by Pat Cheatham, Chair - ADS Nominating Committee
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t’s time to begin assembling a slate for officers and directors who will serve a two-year term between January 1, 2019 and December 31, 2020. These slates will be published on July 1, 2018 and will be voted upon during the 2018 Annual Membership and Board of Directorselect meetings. The membership will elect the board of directors and the elected directors will elect the officers. I ask all ADS members to think about the tasks and challenges faced by our society and submit names of persons they would like to have as an officer or director. You may send suggestions to ADSNomCom@americandrivingsociety.org. Please tell us which position you would like to see your candidate serve and why, along with the individual’s e-mail address and phone number. Your submissions will be reviewed by the Nominating Committee and the person 1
ADS News suggested may be interviewed. Your suggestions should be submitted no later than April 15, 2018. Any information received by the Nominating Committee will be held in strict confidence. Members may also nominate someone for the board of directors from the floor during the 2018 ADS Annual Membership Meeting. Details for nominations from the floor will be published along with the proposed slate of candidates in July. The ADS Nominating Committee makes every attempt to select individuals with the knowledge and expertise necessary to carry out the duties of the board for the good of the society
and our sport. All nominees must be members in good standing with the ADS. In addition to the regional directors, we work toward a geographical spread so all areas of the country are well represented. Resources: Current Roster of Officers & Directors: http://www.americandrivingsociety.org /AboutUs / BoardofDirectors.aspx Description of Positions, Nominations and Elections: http://www.americandrivingsociety.org/portals/ads/ meeting_Docs/ADS_committee_Job_Description.pdf
Give the Gift of The Whip!
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s your friend or family member interested in carriage driving, but not yet an ADS member? ADS members are now eligible to purchase a gift subscription to The Whip for another non-ADS member at the affordable price of $35/year. You can share the joy of carriage driving with your local businesses, as well, by purchasing a subscription for your doctor’s or dentist’s office, even one for your salon. Visit https://americandrivingsociety.org/MyADS/JoinorRenew/ Subscription.aspx to purchase a gift subscription today!
News
WEG Tickets On Sale Now
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ryon, NC.– Day and weekend competition passes for the FEI World Equestrian Games™ Tryon 2018 (WEG) go on sale on Wednesday, December 20, 2017 at 8am EST. Ticket prices and the event schedule for the Games, which are set for September 11 through September 23, 2018, are available online at www.tryon2018.com. All Session Day Passes, which grant access to all WEG competitions on a single weekday, went on sale in October 2017 and sold out after one day. Due to the popular demand of All Session Day Passes, organizers are releasing an additional, limited supply of 500 passes per event day on a first come, first served basis for the dates of September 12, 19, 20, 21. All Session Day Passes for September 13 and 14 are sold out due to meeting capacity for Eventing Dressage on both days. For the first time, All Session Weekend Passes will be available. The All Session Weekend Passes will also go on sale on
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Wednesday, December 20, 2017, and will allow the ticket holder access to all WEG competitions during the selected weekend. All Session Weekend Passes are available for September 15-16 and/ or September 22-23. All event tickets and passes grant access to the general event grounds including the expo, vendor areas, and demonstrations. Individual competition tickets are expected to go on sale this winter. Organizers are releasing additional ticket package options as demand for those ticketing types has remained high since launching ticket sales in October 2017. Held every four years alternating with the Olympic Games, the FEI World Equestrian Games™ crowns the world’s best athletes and horses as the ultimate world champions in the equestrian disciplines of Jumping, Dressage and Para-Equestrian Dressage, Eventing, Driving, Reining, Vaulting, and Endurance. Horse and rider combinations from more than 70 nations are expected to compete in the massive 12-day event. Opening Ceremony tickets will be sold separately. General Grounds Day Passes will be sold that allow access to the venue to experience the trade fair, event expo, as well as equestrian demonstrations, and will be sold three months prior to the event. NBC Sports Group’s Coverage of the FEI World Equestrian Games™ Tryon 2018 Will Be Streamed on NBCSports.com, the NBC Sports app, OlympicChannel.com, and Olympic Channel App.
News
ELD Update from the American Horse Council How Will the New ELD Mandate Affect You?
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n 2012, President Obama introduced a bill entitled “Moving Ahead for Progress in the 21st Century” that was then enacted by Congress. The law included many provisions intended to help the Federal Motor Carrier Safety Administration (FMCSA) in its mission to reduce crashes, injuries and fatalities involving large trucks and buses. A part of this bill included a provision requiring the FMSCA to develop a rule mandating the use of electronic logging devices (ELD’s) on commercial vehicles used for hauling. What does the ELD mandate require exactly? The new ELD mandate requires that the vehicle used for hauling be fitted with the device under the following conditions: • The vehicle used in hauling is a commercial vehicle • Hauling activities fall outside of the exemptions for livestock and/or agriculture transport (it is important to note that the majority of the show industry will fall outside of this exemption.) • The driver is required to obtain a Commercial Driver’s License (CDL) due to the combined weight of the truck and trailer What does an ELD do? An ELD is an electronic device that is capable of recording a driver’s driving hours automatically. In order to be considered an ELD, the device must meet specific technology requirements and be included on the FMCSA registration site. The device specifically syncs with the engine of the vehicle and logs driving time, routes taken, vehicle speed, and logs mandatory rest periods. Once a vehicle starts moving, the ELD will automatically start and keep track of time driven for the next 14 hours. Current driving hours vs new hours mandated by ELD Current regulations allow a driver to drive a maximum of eight hours straight, with a mandatory three-hour rest period after 8 hours have passed. The new ELD mandate requires only 14 hours of drive time, not accounting for traffic, fuel stops, or loading/unloading of horses. Within these 14 hours, drivers are only allowed to drive for a maximum of 11 hours. Once this 14-hour limit has been reached, the ELD will automatically indicate to the driver that they must stop and rest for 10 consecutive hours. Those drivers that are hauling horses will be required to stop their drive once the 14-hour maximum has been met, and cannot start their trip again until the mandatory 10hour rest period has passed. It is important to note that the ELD will automatically keep track of any violations such as going over vehicle speed or driving past the 14-hour limit. This violation will be recorded within the device and can be reviewed by authorities, which could result in a fine for the driver.
What about rest breaks in addition to the mandatory rest period? The Hours of Service (HOS) regulations within the FMCSA require that rest breaks are taken in addition the mandatory 10-hour rest period. After an eight-hour period of driving, commercial drivers are required to take a 30-minute break. Again, this mandatory break period is automatically calculated and tracked within the ELD once the vehicle starts moving. The driver cannot amend the 30-minute break by substituting a 10-minute break followed by a 20-minute break at a later point. The driver will be subject to a penalty should an inspector find them in breach of this rule after inspection of the ELD. This 30-minute break is included in the overall 14hour driving time limit. This mandatory break period does not apply to drivers using either of the short-haul exemptions. Several larger horse-carrier operations frequently use vehicles that have a sleeper berth. Driver using the sleeper berth provision must have at least eight consecutive hours in the sleeper berth, plus an additional two consecutive hours either off-duty, in the sleeper berth, or a combination of the two. The AHC is working on a “Split Sleeper Berth Exemption” to address those rigs that use two drivers. Are horse haulers affected by the ELD mandate? Yes. Horses are considered livestock and are specifically mentioned in the bills language. It is important to note though that the horse industry is not the only livestock segment that will be affected by the ELD mandate. Cattle, pigs, and other livestock that travel long distances to compete will also be affected. Additionally, any other type of activity that requires a large vehicle and a trailer with the potential to win money in a competition will be affected—a motocross event could be an example of this.
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Are there any exemptions for the ELD requirement for the horse industry? In a nutshell, yes. As mentioned above, short-haul vehicles are exempt from the ELD mandate. The key components to meet the definition of a short-haul are as follows: • The driver operates within a 100 air-mile radius from the normal starting work location • The driver starts and returns to the same location within 12 hours-time • The driver drives no more than 11 hours • The driver takes ten consecutive hours off between shifts • The driver maintains the time-clock, aka punching in and out for work. Additionally, drivers hauling “agricultural commodities,” which includes livestock, are exempt from the ELD requirement, as well as the Hours of Service regulations if operating within 150 air-miles of the original site of the livestock. The definition for exemption in this category includes: • Driver is not hauling further than 150 air-miles away, and not more than eight days within a 30-day period. • Drivers of vehicles manufactured before 2000 are not required to implement an ELD. What is the AHC’s position on this? The AHC, in collaboration with the rest of the animal agriculture community, has requested that the Department of Transportation (DOT) grant a one-year enforcement delay followed by a waiver and limited exemptions from compliance with the December 18, 2017 implementation date for the Final Rule on Electronic Logging Devices (ELDs) and Hours of Service (HOS). Additionally, we requested that the DOT address the significant problems with the mandate that will occur if the compliance deadline is not extended. The welfare, safety, and health of the animals in transit, together with the safety of other drivers on the road, are top priorities for the equine industry and its enthusiasts. Many horse operations and competitions are in rural areas, routinely requiring long, and repeated, trips. These animals, when loaded onto trailers, are vulnerable to changes in temperature, humidity, and precipitation. Horse haulers are accustomed to managing these changing conditions through planning, log books and notations in those books. These planning techniques have adapted and evolved over decades as technology has improved. Unfortunately, the quick transition to ELDs does not allow for the natural trial and error process to adequately meet the needs of the horse industry. The equine industry and the millions of horse fans who attend equine events rely on safe and effective methods of transportation from every corner of the United States. Domestic transit of our competition and breeding animals is critical to the business continuity of our industry and largely 4
relies on the use of large commercial haulers. These individuals have expressed their concern with the implications of this rule in regard to the negative impacts to standards in welfare, biosecurity and cost. We are disappointed that the FMCSA did not feel the need to reach out to the larger livestock industry stakeholders prior to finalizing this rule, but specifically for not reaching out to the equine industry considering the constant and repeated travel inherent to the competitive, coast-to-coast nature of our industry. While horse haulers are able to provide more accommodating shipping conditions compared to other livestock sectors, the issues we have with immediate implementation of the rule mirror those of the larger animal agriculture community. The American Horse Council will continue to petition for an enforcement delay, to be followed by a waiver and/or limited exemptions from compliance with the final rule on ELDs, and specifically the expected HOS. Additionally, we will continue to take advantage of any opportunity to collaborate with FMCSA and the DOT during this delay to better meet the needs of the animal agriculture community on future regulatory efforts. The introduction of the ELD mandate brought to light concerns about Commercial Driver’s license (CDL) requirements from the entire equine community. The AHC put together the following information to act as a guide for those hauling horses both commercially and as an individual. If you have any questions, the AHC recommends contacting your state department of transportation for further clarification on CDL requirements. How do I know if I need a Commercial Driver’s License (CDL)? Drivers have been required to have a CDL in order to drive certain commercial motor vehicles (CMVs) since April 1, 1992. That being said, a truck and trailer can be considered a commercial vehicle without the requirement that you obtain a CDL. The AHC would like to note that the requirements for a CDL or CMV classification have been in effect for quite some time, and are not new developments along with the ELD mandate. However, you will need to obtain a CDL if your vehicle falls into the following categories: • Combination of vehicles with a gross combined weight rating (GCWR) of 26,001 or more pounds, providing that gross vehicle weight rating (GVWR) of the vehicle being towed is more than 10,000 pounds. So, for example, if your truck weighs 11,000 pounds, and your horse trailer has a GVWR of more than 15,000 pounds, you would be required to obtain a CDL. • Any single vehicle with a GVWR of 26,001 or more pounds Each state has their own set of regulations in addition to federal requirements for a CDL, so it is important to research and understand the laws in your respective state before applying for a CDL.
What constitutes a Commercial Motor Vehicle (CMV) classification? A CMV is defined to mean a vehicle used on the highways in interstate commerce to transport passengers of property, if the vehicle has a GVWR or GVW of 10,001 pounds or greater. Additionally, if the vehicle is used by you or your business with the intent to make a profit (also called “furtherance of a commercial enterprise”), involved in interstate commerce such as going to a horseshow across state lines, then it would fall into the CMV classification. What are some examples? • Writing off your truck and trailer as a business expense on your tax returns would fall under the commercial classification. • If you are a professional trainer, obviously your truck and trailer are being used for business. However, if you are an amateur or not a professional, your truck and trailer could be considered as being used for business as defined in “further of a commercial enterprise.” (more information on this below) • If you offer to haul your friend’s horse along with yours in your trailer and take money for the cost of fuel from your friend, your truck and trailer are then considered as being used for business. Essentially, collecting any type of payment to haul a horse to a show constitutes your truck and trailer as being used for business. • Although prize money is not won in every class at a horseshow, the FMCSA could consider hauling a horse to show with the intent to win prize money as pursuing a profit, which then classifies your truck and trailer as commercial.
• Sponsorships- whether it be financial or items such as saddle pads, clothing, or equipment- can qualify as “furtherance of a commercial enterprise” and place you into commercial category. So, what does “furtherance of a commercial enterprise” mean? A question on the FMSCA website asks: Does the exemption in Section § 390.3: General applicability for “the occasional transportation of person property by individuals not for compensation nor in the furtherance of a commercial enterprise” apply to people who occasionally use CMVs to transport cars, boats, horses, etc.., to races, tournaments, shows or similar events, even if prize money is offered at these events? The FMCSA states that the exemption would apply to this
type of transport, provided that the underlying activities were not being undertaken for profit. What does this mean? This means that prize money won would be declared as ordinary income for tax purposes and that the cost of the underlying activities is NOT deducted as a business expense for tax purposes. Additionally, corporate sponsorships should not be involved. The FMCSA recommends that the driver consult their state licensure to determine which licensing provisions they are subject to, as this does vary by state. How do I know if I need a Department of Transportation (DOT) number? The vehicle you are using to haul your trailer may require a USDOT number if it meets the following requirements: • Truck and trailer are considered commercial vehicles. This means if you use your truck and trailer for business or “furtherance of commercial enterprise,” you are a considered a commercial vehicle. • The GVWR is over 10,000 pounds. • Travel is regular into other states. Again, your respective state may have regulations in place where you are required to obtain a state DOT if your truck and trailer are considered commercial vehicles. What about rest breaks in addition to the mandatory rest period? The Hours of Service (HOS) regulations within the FMCSA require that rest breaks are taken in addition the mandatory 10hour rest period. After an eight-hour period of driving, commercial drivers are required to take a 30-minute break. Again, this mandatory break period is automatically calculated and tracked within the ELD once the vehicle starts moving. The driver cannot amend the 30-minute break by substituting a 10-minute break followed by a 20-minute break at a later point. The driver will be subject to a penalty should an inspector find them in breach of this rule after inspection of the ELD. This 30-minute break is included in the overall 14-hour driving time limit. This mandatory break period does not apply to drivers using either of the short-haul exemptions. Several larger horse-carrier operations frequently use vehicles that have a sleeper berth. Driver using the sleeper berth provision must have at least eight consecutive hours in the sleeper berth, plus an additional two consecutive hours either off-duty, in the sleeper berth, or a combination of the two. 5
Opinions
From Between My Blinders Our ADS is also your ADS By Hardy Zantke
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s most of you know, I have been a long time ADS member and have been involved on many levels; as a competitor, co-organizer, official, committee member and, of course, sharing my thoughts with you here as well as in Driving Digest and on some internet forums. But even this old dog can still learn new tricks. I have always been a strong supporter of the ADS. I want to share with you my opinion that even if at times we don’t seem to think highly or even get along with this or that person, or this or that committee or decision, we really should not make the mistake of holding that against the organization. I see this as no different than with our country and our government. People in charge change, political directions change, but we all still do support our country – and we should do likewise with our ADS. Soon, our Nominating Committee will be looking for new people to fill our slate of directors and officers to be elected at the next annual meeting. Our committee chairs will be looking for committee members. Why don’t you step up to the challenge and help where you can? In the spirit of openness it was made clear under our current leadership that all of our committee meetings are always open to our membership (except LOC and sometimes small portions when a committee might go into a closed session – when, for example, discussing personal issues). Since I am an honorary director, I am on the mailing list to get notices of board meetings and even though I don’t have a vote there, I do call in and attend as often as I can (I’m always interested to learn what’s happening). Almost always our President does allow input also from non-voting members. I am amazed though, how few of our general members make use of this opportunity. Perhaps, because you don’t even know when and where those meetings happen other than, of course, at our annual meeting. This is where the new trick I just learned comes in: All meetings, including conference calls are announced at least a week in advance and are then supposed to be published on our website. While most committee business is often done by e-mail exchange, which then of course is circulated only among committee members, their occasional conference calls should be listed a week in advance on the website. We had such a conference call recently with the Dressage Committee. I was 6
Why don’t you step up to the challenge and help where you can?
too stupid to find it on the website. So I asked and looked further, and yes it is indeed there, and so are some other committee conference calls. Visit the website at http://americandrivingsociety.org/AboutUs/ BODCommitteeMeetings.aspx and there you will find tabs for each of our committees. Granted, not too many meetings are currently listed there (it’s always work in progress) but some also enclose minutes of their meetings, so you can still see what has been discussed. I’ll make sure to go there hopefully once a week to check on dates of upcoming meetings that interest me. The Combined Driving Committee is definitely on my radar. Why don’t you do the same? Don’t be shy – you don’t have to say anything – just listen in and see what’s happening. Who knows, perhaps the chair even asks for public input and then you could even speak up and share your opinion. Once you learn about what the committees do, you may find yourself interested to serve. You can always ask the committee chair if there might be room on the committee for you. If you strive for a position higher up in the society, be sure to contact Pat Cheatham, Chair of The Nominating Committee at ADSNomCom@americandrivingsociety.org With that, Happy New Year and forward to a bright future of the ADS (hopefully with your help on whatever level it might be). If committee work is not your cup of tea, hey, donations are also always welcome.
Hardy
P.S. If you read my column in the November Whip and saw the footnote: Yes, the FEI did pass that rule change, and we followed it. So in the future grooms may talk in cones! I’ll write more about that in the February issue of The Whip.