Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/893962
October 2017 | Overdrive | 15 OOIDA petition could affect ELD, other enforcement The Owner-Operator Inde- pendent Drivers Association last month petitioned the Federal Motor Carrier Safety Administration to take action against states that haven't updated their state code to reflect current safety regula- tions. "We are concerned about numerous states issuing citations for the violation of nonexistent state laws," said OOIDA Executive Vice Pres- ident Todd Spencer. OOIDA's petition singles out 26 states that haven't ad- opted the ELD mandate final rule, with 20 of those out of compliance with the Motor Carrier Safety Assistance Program and its requirement that participating states adopt new regulations within three years of their effective dates to receive federal grant monies within the program. Most, if not all, states have laws that automatically adopt federal safety regulations or allow enforcement of such regulations by its state personnel, said an FMCSA official, speaking on back- ground. OOIDA argues that au- tomatic regulatory adoption schemes that account for future regulatory changes in perpetuity are invalid. In effect, it allows "out-of-state entities (FMCSA) to write state law." – James Jaillet and Todd Dills