New York changes course, will now enforce ELD mandate

Reversal comes weeks after court learned state not issuing violations

Posted January 21, 2019

The State of New York reversed course on enforcing federal electronic logging device (ELD) rules and can now enforce the ELD mandate.

An emergency rulemaking was issued in the NYS Register on January 16, 2019, meaning as of January 17, drivers not in compliance with the ELD mandate could be placed out-of-service.

The rule change comes weeks after a New Year’s Eve opinion from Judge Richard M. Platkin dismissed a case from the Owner Operator Independent Drivers Association (OOIDA) that argued that the New York DOT was enforcing the ELD regulations even though state statutes did not give it the authority to do so.

In issuing his decision, Judge Platkin said that the state’s policy was that “no tickets or Notices of Violation are to be issued citing the federal ELD regulations, and no violations of ELD rules are to be cited on the inspection report.”

Before enforcement, inspectors could ask to see driver’s logs and review logs on an ELD screen to enforce HOS rules, but drivers could present either paper or electronic records.


J. J. Keller Encompass with ELogs Fleet Management SystemMaking the move from paper logs to electronic logs is easy with the J. J. Keller® Encompass® with ELogs Fleet Management System. This cloud-based system captures data from the J. J. Keller ELD that's installed in the engine's diagnostic port, and data from the driver's smartphone or tablet that has the J. J. Keller Mobile® app.

 

J. J. Keller's FREE Transportation SafetyClicks™ email newsletter brings quick-read safety and compliance news right to your email box.

Sign up to receive Transport SafetyClicks™.