That was fast: NY to begin ELD enforcement
Transportation Safety Management Today
On January 16, 2019, New York published an emergency rule updating its motor carrier safety regulations. This update allows officers to begin enforcing the electronic logging device (ELD) regulations.
As has been previously reported, New York was not enforcing the ELD regulations during roadside inspections since it had not adopted the latest version of the interstate safety regulations published by the Federal Motor Carrier Safety Administration (FMCSA). However, New York was still enforcing the general hours-of-service regulations. Officer would make sure the driver had some type of log, that the log was current and accurate, and that the driver was complying with the applicable limits.
The publication of the emergency rule adopting the latest FMCSA regulations allows officers conducting roadside inspections in New York to enforce the ELD regulations, found in §395.20 to §395.38, as well the general hours-of-service regulations found in §395.1 to §395.15. This means that officers conducting roadside inspections can now write violations and tickets, and place drivers out of service for ELD-specific violations, such as:
The driver not using an ELD when required (§395.8(a)ELD)
Using an ELD that is not on the ELD registry (§395.22(a))
The ELD is not mounted when the driver is driving (§395.22(g))
The driver does not have the correct supporting materials for an ELD (§395.22(h)(1) to (4))
The driver cannot transfer the ELD data to the officer during the inspection (§395.24(d))
The driver did not certify information on the ELD when it was required (§395.30(b)(1))
The driver did not assume unassigned driving time on an ELD when appropriate (§395.32(b))
The ELD screen cannot be presented outside the vehicle (§395.20(b))
Due to the rule change being published as an emergency rule, it is effective immediately.
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