Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

NY Truckers Prevail in DERA Battle

Appellate Division of the New York Supreme Court has ruled unanimously that contractors engaged in state sponsored work are not required to abide by the requirements of that state's Diesel Emissions Reduction Act regulations

by Staff
April 25, 2011
3 min to read


Appellate Division of the New York Supreme Court has ruled unanimously that contractors engaged in state sponsored work are not required to abide by the requirements of that state's Diesel Emissions Reduction Act regulations.


According to the wording of the DERA, passed by the New York legislature in 2006, diesel powered heavy-duty vehicles "owned by, operated by or on behalf of, or leased by" state agencies and certain public authorities were to be required to use ultra low sulfur diesel fuel, and the best available retrofit technology in order to reduce the emission of air pollutants.

With ULSD now widely available, that portion of the regulation is no longer a concern, but the retrofitting requirements of DERA would have meant a considerable financial burden for groups of small fleets and owner-operators working on state contracts.

When the Legislature passed the underlying legislation, it intended to require new emission control systems for state-owned trucks because federal money was available to pay for retrofits. Private industry, however, did not have federal money to pay for such retrofits. The NY Department of Environmental Conservation expanded the legislative intent of the law to include private-sector heavy-duty trucks. If the DEC mandate remained unchallenged, experts estimated that it would have cost billions of dollars to the state economy.

The DEC took the definition to mean practically any truck doing business with the state, even at sub-sub-contractor level. The New York Construction Materials Association challenged the mandate saying the "on behalf of state agencies" term was too broad a definition. The group took their case to court last spring. The Saratoga County Supreme Court dismissed NYCMA's application to have the DEC requirement declared unconstitutional, and annul certain regulations promulgated by DEC.

After several appeals, the Appellate court ruled on April 21 that the "on behalf of" wording could not have initially been intended to include contractor, sub-contractors and the like. In its judgment, the court said, citing previous examples of inclusionary language, that if it was the intention of the legislature to include contractors, they would have -- as in the past -- specifically mentioned them in the language of the regulation.

In its judgment, the court noted, "We find nothing in the language of DERA, construed as a whole, indicating that the Legislature intended it to extend beyond prime contractors. The statute's grandfathering provision refers to vehicle[s] subject to a lease or public works contract, but makes no reference to subcontractors or other private suppliers with indirect relationships to the state. DERA similarly limits DEC's reporting requirements to vehicles "owned or operated" by state agencies and authorities."

At a very minimum, subcontractors and materials suppliers in New York will not be subject to the retrofitting requirements of DERA.


More Drivers

Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →
Man seated in front of computer with inset of insights generated for a truck driver

Netradyne Intelligence Uses New AI Agents to Automate Response to In-Cab Camera Data

The company called the next-generation in-cab camera safety platform "a fundamental shift from systems that report on what happened to systems that actively drive what should happen next."

Read More →
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Ad Loading...
Artist rendering of dealership with trucks and trailers parked outside
Equipmentby News/Media ReleaseJune 2, 2026

Prime Inc. to Open $7.9M Flagship Used-Truck Dealership

A new driver-focused facility to sell Prime Inc's used trucks and trailers will be the first purpose-built location in the company's history.

Read More →
Thumbnail for podcast episode
Safety & ComplianceMay 28, 2026

Short Takes: Inside K&B’s Truck Safety Tech

Listen to learn how K&B Transportation uses cellphone-blocking technology, speed management systems, weather geofencing, bridge avoidance tools, and more to improve driver safety.

Read More →
Nussbaum driver pay.
Driversby News/Media ReleaseMay 27, 2026

Nussbaum Expands Driver Compensation with Pay Raises, Profit Sharing

Nussbaum Transportation said its latest compensation package could push first-year driver earnings above $90,000 in key hiring markets.

Read More →
Ad Loading...
Lance Evans, Director of Safety at K&B Transportation.
Safety & ComplianceMay 13, 2026

Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation

Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.

Read More →
Maverick Transportation Freightliner Cascadia.
Driversby News/Media ReleaseMay 12, 2026

Maverick Announces 2026 Driver Pay Raises

New raises for Maverick Transportation drivers will take effect on May 31, 2026.

Read More →
Alleged Ohio toll evasion truck.
Driversby News/Media ReleaseMay 5, 2026

Illinois Trucker Indicted for Nearly $22,000 in Ohio Turnpike Toll Evasion

Authorities say an Illinois trucker avoided paying tolls for two years, and now faces felony charges, possible prison time, and forfeiture of his Freightliner tractor.

Read More →
Ad Loading...
Illustration with trojan horse and lock with inside of cargo container in background
Fleet Managementby News/Media ReleaseApril 23, 2026

New Trojan Driver Cargo Theft Scam Bypasses Carrier Vetting Systems

Cargo theft rings plant operatives as drivers inside legitimate, fully vetted carriers, then execute coordinated thefts that look like a traditional straight theft from the outside.

Read More →