It was revealed recently that New York State had not yet begun enforcing the ELD mandate. That has now changed per an emergency rulemaking document issued by the NYDOT.
It became widely known that New York State hadn’t been enforcing the ELD mandate during the course of a lawsuit filed by the Owner-Operator Independent Drivers Association (OOIDA). The trucker advocacy group argued that the state was improperly enforcing the law because state law had not yet been amended to include the ELD mandate.
The New York Supreme Court ruled against OOIDA, revealing that the state could not possibly have improperly enforced the law, because they had not been enforcing the law at all. OOIDA’s lawsuit was thrown out.
Just a few weeks later, this emergency rule was published in the federal register. State inspectors will now have the ability to cite drivers for non-compliance with the ELD rule. Cited truckers can be placed Out-Of-Service.
Some OOIDA critics have implied that the group may have inadvertently brought about the enforcement. But it is highly unlikely that a policy of non-enforcement would have remained in place even if the OOIDA lawsuit had not been filed. In fact, the emergency rulemaking document states that “New York has no choice but to adopt the federal regulations.”