OOIDA: States Must Pass Rules Before Federal ELD Mandate Is Enforced
Photo: FMCSA
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Photo: FMCSA
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The Owner-Operator Independent Drivers Association filed a petition with the Federal Motor Carrier Safety Administration on Aug. 29 that contends that “26 states have not yet incorporated an electronic logging regulation into state law and are not authorized to enforce the rule until they do so.”
OOIDA said that it “supports a proposed delay to the mandate due to a growing number of reasons including the lack of preparedness” of law enforcement agencies. The association’s petition says that more than 20 states are “years behind in adopting amendments and additions to the Federal Motor Carrier Safety Regulations into state law.”
In addition, OOIDA claimed in a press release on its petition that to qualify for federal grants under the Motor Carrier Safety Assistance Program, states are required to incorporate the FMCSRs or their equivalent into state law. “In 2016, 95% of motor carrier and driver enforcement violations were issued by MCSAP states,” the association noted.
The petition also states that “serious legal problems arise because states are attempting to enforce federal safety standards that have not been made part of state law. OOIDA contends that when FMCSA amends its regulations, the states must incorporate those amendments into state law before they can enforce them.”
“We are concerned about numerous states issuing citations for the violation of non-existent state laws,” said Todd Spencer, OOIDA executive vice president. OOIDA noted, for example, that Delaware has not updated its incorporation of the FMCSRs since 2006; Arizona last updated its in 2012, and Kansas did so only in 2013.
“That means that new regulations and amendments to old regulations promulgated by FMCSA since the last incorporation date for these states are not part of state law,” continued Spencer.
In its news release, OOIDA also referenced the action taken earlier this week by …Read the rest of this story
