On Jan. 16, 2019, an emergency rulemaking was issued in the NYS Register. This means that as of Jan. 17, 2019, drivers can be penalized if they are not in compliance with the federal ELD mandate.
There are two reasons for the suddenness of this rule. One, the state could stop receiving MCSAP funding if they did not adopt the mandate. And two, the state had always planned to comply with the mandate for its clear goal to increase driver safety, but a lawsuit delayed their action.
Now that New York is enforcing the ELD mandate, interstate truckers (drivers that cross the state border) will have to be aware of these ELD violations. For more on the mandate, read 7 things to know about ELD mandate compliance.
Non-exempt truckers would require an FMCSA-compliant electronic logging device.
Tip: If you are currently without an ELD solution, learn more about KeepTruckin’s ELD and fleet management solution.
Why was NY in compliance limbo?
After the nationwide ELD mandate took place, the state didn’t immediately adopt the new mandate partly because of a lawsuit by the Owner-Operator Independent Drivers Association. During this time, only state inspectors could request to see a driver’s HOS logs. The OOIDA filed the lawsuit due to concerns with proper enforcement of the ELD mandate. OOIDA Executive Vice President Todd Spencer notes “we know that state enforcement officers lack the training and equipment to operate in an ELD environment.”
On Dec. 31, 2018, the New York Supreme Court filed a decision that only state inspectors “will accept either log books or ELD data” to establish compliance with (hours of service) requirements.” However, federal inspectors could still enforce the ELD requirement as it pertained to FMCSA compliance. The decision had little impact on truckers in the New York area, but now that the state has adopted the federal ELD compliance mandate, all non-exempt New York drivers will have to equip their vehicles with an ELD.
Canada is also working on creating an ELD compliance mandate. The majority of their rules will be aligned with the U.S. but with their own operational and regulatory requirements.
The KeepTruckin ELD solution is FMCSA-compliant, feature-rich, and easy to use.
If you have any questions about the KeepTruckin’s fleet management platform, call (844) 257-6396 or email at email@example.com. Our 24/7 customer support team is always available to help you.
Disclaimer: This information is intended for informational purposes only and does not constitute, and should not be relied upon as, legal or other professional advice. You should not act or refrain from acting based on any materials presented or made available by KeepTruckin without first obtaining advice from a licensed attorney.