The State of New York is Stopping ELD Enforcement in Wake of OOIDA Lawsuit
The state of New York is ceasing to enforce the ELD mandate upon the filing of a lawsuit from the Owner-Operators Independent Drivers Association. OOIDA is basing its lawsuit on the fact that the state has failed to incorporate the mandate into its own state laws.
This Means Both Paper and e-Logs are Currently Acceptable
For now, state inspectors with accept either log books or ELD data, but only to establish hours of service requirements. The inspectors cannot download or transfer data from the electronic logging devices during roadside inspections.
Currently, the New York Supreme Court has issued an order as of December 31, 2018, that no tickets or violations can be given out in regards to the federal ELD regulations, and no ELD violations can be cited on an inspection report.
New York Unable to Enforce ELD Mandate as a Federal Regulation
Until New York incorporates the mandate laws into state legislation, OOIDA argues that the state officials cannot enforce anything other than state law. By enforcing the FMCSA mandate these officials would be enforcing laws that technically do not exist within the state of New York. Rather, they were trying to enforce federal regulations, which state authorities have no jurisdiction over.
Only when New York officially incorporates the ELD mandate into its laws, can officials start to patrol for violations of the ELD rule.
Watch for Updates Regarding New York’s ELD Laws
A quick heads up that the enforcement policy memorandum is subject to change by state authorities without notice or public review. OOIDA is continuing to fight this ongoing case.
We will keep you updated on any new events in this lawsuit.