Delay in full enforcement of ELD mandate raises eyebrows

By Jami Jones, Land Line managing editor | 9/1/2017

As the calendar prepared to flip to September, the Commercial Vehicle Safety Alliance announced a “phased in” enforcement period on the electronic logging device.

The announcement was made to FMCSA Deputy Administrator Daphne Jefferson in a letter from Collin Mooney, executive director of CVSA on Aug. 25.

Mooney explained that the coalition of state law enforcement agencies had decided not to place noncompliant drivers out of service until April 1, 2018. He said the delay in putting noncompliant drivers out of service will allow truckers, motor carriers, shippers and receivers to get use to the new regulation.

Mooney emphatically denied that state law enforcement were not prepared to begin enforcing the mandate and that CVSA opposes any attempts to delay the mandate.

In spite of Mooney’s insistence, OOIDA Executive Todd Spencer says it clear that states simply are not ready for the deadline.

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. This is despite the fact that the rule goes into full effect in December 2017.

“This is just another example of the monumental reasons this mandate is not ready for prime time,” Spencer said. “Too many states are not ready to roll out the mandate and can’t possibly be ready by the Dec. 18 deadline.”

The timing of CVSA’s announcement seemed to almost underscore allegations of lack of preparedness OOIDA made in a recent petition to FMCSA.

In short, the petition claims many states lack the authority to enforce the ELD mandate because they have not properly adopted federal regulations into state code.

The FMCSA administers the Motor Carrier Safety Assistance Program grant program. Participating states in that program receive $168 million in grants to fund enforcement of the federal motor carrier regulations. Participating states are required as part of the program to incorporate the federal regulations or their equivalent into state law.

States have three years to incorporate new regulations into their respective state codes. However, according to OOIDA, enforcement is prohibited until the new federal law is an official part of the state laws on the books.

In addition to a freeze in funding to the noncompliant MCSAP partner states, OOIDA’s petition calls for a “freeze in the status quo,” particularly with respect to the ELD mandate, until it restores order to its administration of this MCSAP program.

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