Overdrive Magazine

Overdrive February 2019

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February 2019 | Overdrive | 15 The state of New York has not been issuing citations to carriers and driv- ers for failure to use an electronic logging device, the state's Supreme Court confirmed in a decision issued in late December. Furthermore, citations for non- compliance with the ELD mandate, which took effect in December 2017, will not be issued until the state adopts the U.S. Department of Transportation's ELD rule into its own regulations, the court said. However, inspectors still may request to see an ELD to verify hours of service compliance, though they cannot download or transmit any data from the device. Also, the Federal Motor Carrier Safety Administration still can hold carriers and drivers account- able for lack of compliance with the ELD mandate during compliance reviews and safety audits, said Collin Mooney, director of the Commercial Vehicle Safety Alliance. According to the opinion filed Dec. 31 by Judge Richard M. Platkin of the state's Supreme Court, state enforcers have not been issuing citations and thereby haven't been enforcing the mandate. The deci- sion came as part of an ongoing lawsuit filed by the Owner-Operator Independent Drivers Association, which claimed the state was enforc- ing the mandate despite not having adopted the federal ELD rule into state code. The court disagreed with OOIDA's assertion that the state was enforcing the mandate, instead confirming that it hadn't — and wouldn't, pending the state's adoption of the ELD rule. The NYDOT official interviewed by Overdrive said he couldn't com- ment as to when the state would codify the ELD mandate but that industry stakeholders should "keep watching" for it. FMCSA requires that states adopt federal safety rules for the purposes of uniformity and for state enforce- ment personnel to enforce the regu- lations. OOIDA's challenge to New York's ELD enforcement is part of a broader initiative by the group to push back on enforcement in states that haven't formally adopted the ELD mandate. However, many states have rebuked OOIDA's stance, arguing they have the authority to enforce the rule despite the lack of specific adoption. — James Jaillet Robot package delivery At last month's 2019 Consumer Electronics Show in Las Vegas, Continental showed off a driverless home package delivery van concept. In addition to the autonomous vehicle, the Continental Urban Mobility Experience (CUbE) deploys four-legged robots to navigate around obstacles, walk up to porch steps and ring doorbells. The CUbE also can double as a robo-taxi to move people around urban centers. New York postpones ELD citations Unified Carrier Registration fees for trucking companies, brokers and freight forwarders for 2019 were reduced from 2018 levels so as not to exceed the statutory maximum set by Congress. Fees will climb in 2020 but remain below 2010-18 levels. The new fees went into effect Dec. 28. Registration for 2019 is available at UCR.gov and must be completed by April 1. For carriers with one or two trucks, the 2019 fee is $62. In 2020, that fee will climb to $68. For 2019, carriers with three to five trucks pay $185, those with six to 20 trucks pay $368, those with 21 to 100 trucks pay $1,283, and fleets with 101 to 1,000 trucks pay $6,112. Carriers with more than 1,000 trucks pay $59,689 this year and $66,072 next year. Under the UCR Plan and Agreement, the maximum amount of annual revenues that can be col- lected from carriers is $107.78 mil- lion. Fees collected in 2017 exceeded that maximum by $7.3 million, so the fee reductions for 2019 and 2020 are to ensure registration fees don't exceed the maximum within the next two years. — Matt Cole UCR fees dip again in 2019

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