ELD mandate cannot be enforced in some states
The Owner-Operator Independent Drivers Association petitioned the Federal Motor Carrier Safety Administration in August 2017 to take action against states that had not brought their laws current to include updated safety regulations. Commercial truck drivers in Illinois may be interested to know that the mandate to have an electronic logging device is still not being enforced in some states because they are unable to do so legally.
Arizona is included in the number of states that do not neatly fit into the enforcement categories included in the enforcement map for the electronic logging device early period. A law enforcement official from the state stated that the drafting of the federal electronic logging device regulation pertaining to interstate truckers in to the state legal code was still in process. As a result, the state's highway patrol and the rest of the Arizona Department of Public Safety is not able to legally issue tickets or citations.
The OOIDA asserts that states are required to adopt amendments to FMCSA regulations into state law before they can be enforced. The petition the organization submitted was drafted with particular regard to the final rule for the ELD mandate and highlighted the 26 states that had yet to implement it. In turn, states are objecting to the OOIDA claim that the ELD mandate cannot be enforced without being incorporated into state law. The FMCSA has not yet released a formal answer to the OOIDA petition.
Individuals who sustain injuries in big rig accidents caused by truck driver fatigue may have legal recourse. A personal injury attorney may pursue financial compensation on behalf of injured clients for pain and suffering, medical expenses, lost wages or permanent disability. Multiple parties may be held liable, including the truck driver and the company at which the driver is employed.