New York ELD enforcement remains in question
The status of New York’s enforcement of the electronic logging device mandate remains in limbo.
The state, which had not adopted the federal electronic logging mandate into state law, has been prevented from enforcing the mandate. As noted in a recent decision in a lawsuit brought by OOIDA, the state is required to adopt the federal regulation into state law before enforcing the mandate. The lawsuit was unsuccessful, but only because the state had not yet enforced the regulation at the time of the lawsuit.
The state is allowed, however, to review either paper logs or electronic logging devices strictly for enforcement of the hours of service regulations.
Published reports quote New York State Patrol Staff Sgt. Terence McDonnell saying the state has adopted the ELD regulations and enforcement was set to begin Jan. 16.
Land Line requested proof of the adoption from the state police and were referred to the New York Department of Transportation, where multiple requests have been acknowledged – however, as of press time, no document has yet to be produced. LL