he Owner-Operator Independent Drivers Association(OOIDA) filed a petition Aug. 29 with the Federal Motor Carrier Safety Administration (FMCSA) alleging 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 it supports a proposed delay to the mandate due to a number of reasons, including what it calls “the lack of preparedness of all law enforcement agencies nationwide.”
Earlier this week, the Commercial Vehicle Safety Alliance notified the FMCSA that its members will delay full enforcement of the ELD rule until April 1, 2018. The rule goes into full effect in December 2017.
“These are just examples of the monumental reasons this mandate is not ready for prime time,” said Todd Spencer, executive vice president of OOIDA. “Too many states are not ready to roll out the mandate and can’t possibly be ready by the Dec. 18 deadline.”
OOIDA’s petition alleges that more than 20 states are years behind in adopting amendments and additions to the Federal Motor Carrier Safety Regulations into state law. In order 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.
“We are concerned about numerous states issuing citations for the violation of non-existent state laws,” Spencer said.
“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,” he added.
OOIDA is encouraging its members to get involved in its “Knock Out Bad Regs” campaignand maintained it will continue to communicate with Congress and the administration about this and other regulations.