NEW YORK CITY – A new lawsuit has been filed by the Trucking Association of New York (TANY), along with a few member carriers, against the City of New York.
Those carriers include Walton Hauling, RDS Delivery Service Co., Inc. (RDS Delivery Service), and Lightning Express Delivery Service, Inc.
The announcement came via press release this week over the City’s Idling Law and related Citizens Air Complaint Program (CACP).
According to TANY’s release, the lawsuit, filed in the Southern District of New York, argues that the law and its administration “deny motor carriers the due process and equal protection to which they are entitled under the law.”
“Under the Idling Law and CACP, the City has effectively deputized citizens to make a profit from deceptive practices, creating a cottage industry which preys on New York’s trucking industry, while shielding city- and state-owned/operated public fleets from equivalent monetary enforcement,” TANY stated. “Additionally, once a complaint has been filed, carriers are not given a proper forum to present evidence contesting the alleged violation, leading to recurring fines, growing defense costs, and undue operational burdens. Since the bounty program took effect, idling complaints have surged to more than 124,000 in 2024.”
TANY president Kendra Hems elaborated further on the organization’s position in the suit.
“Our industry has tried to advocate for fair and reasonable changes to this program. Unfortunately, with their unwillingness to provide legitimate avenues for due process and equal protection under the law, the City of New York and the Department of Environmental Protection have forced our hand into filing this lawsuit.” Hems said. “As extreme temperatures create unsafe working conditions for drivers across NYC, emboldened bounty hunters are readying their cameras to try and make a dollar off the backs of truckers, all while Mayor Mamdani advocates for employers to take the steps necessary to keep workers safe.”
TANY stated in its release that the trucking industry moves nearly 90 percent of goods across the five boroughs.
“The omnipresence of delivery trucks mandates that our industry takes the steps necessary to keep workers safe, a sentiment echoed by the mayor’s recent comments when signing Executive Order No. 17 which requires city agencies to develop heat-safety practices,” TANY said. “During the signing, Mayor Mamdani said, ‘No one should have to choose between their paycheck and their health. The workers building our skyline, delivering our packages, selling food on our street corners, and keeping this city running deserve to come home safe at the end of every shift.'”
While TANY stated that it is in agreement with the mayor’s sentiments, the lawsuit argues that the DEP subjects privately owned motor carriers to unreasonable adjudicatory burdens and unequal monetary enforcement, which are in violation of the Due Process and Equal Protection rights to which motor carriers are entitled.
“As a company specializing in same-day deliveries, speed is of the utmost importance to our operations,” said Larry Zogby, President and Owner of RDS Delivery Service and party to the lawsuit. “Our drivers do not idle without reason. If a truck needs to idle, it is likely due to the operation of core functions of the delivery vehicle, such as lowering or raising a lift gate, or keeping cabin temperatures steady during extreme weather. Unfortunately, delays between alleged violations and the hearing date oftentimes are more than a year, and in one case totaled 962 days. As such, DEP’s Idling Law and the CACP do not provide us the opportunity to make this evidence clear before doling out a fine at the whims of their bounty hunters.”
Other co-plantiffs in the suit spoke out as well.
“For a number of reasons, we, as motor carriers, have the duty and business incentive to prevent idling,” said Tommy Kharieh, President of Walton Hauling and party to the lawsuit. “Yet, sometimes normal operations require idling to maintain the continuity of our business. Unfortunately, due to the city’s unchecked bounty hunter program and lack of administrative due diligence, we often find out about violations once we receive the fine and are classified as repeat offenders. This leaves us without the ability to take remedial action when the moment requires.”
“It should be said, for motor carriers, unnecessary idling is both wasteful of company resources and potentially damaging to a company’s corporate image,” TANY stated. “That is why motor carriers in New York City work with their drivers to properly train them to prevent such instances. However, there are legitimate reasons for moments of extended idling. In those moments – idling to keep drivers safe in exactly the conditions the mayor is telling employers to guard against — operators should not have to look over their shoulder for the bounty hunters who have made hundreds of thousands of dollars through this program.”
Bruce Guthrie is an award-winning journalist who has lived in three states including Arkansas, Missouri and Georgia. During his nearly 20-year career, Bruce has served as managing editor and sports editor for numerous publications. He and his wife, Dana, who is also a journalist, are based in Carrollton, Georgia.
