Fleet Management

OOIDA Not Throwing In ELD Towel

November 02, 2016

By David Cullen

SHARING TOOLS        | Print Subscribe
Photo: Continental VDO
Photo: Continental VDO

While several trucking lobbies are applauding the court ruling that upholds a Congressional mandate to require electronic logging devices, the association that had sued to overturn the pending ELD rule has not yet given up the fight. 

The Owner Operator Independent Drivers Association had argued strongly in its March filing with the U.S. Court of Appeals for the Seventh Circuit that the ELD rule would violate truck drivers’ rights to privacy under the Fourth Amendment.

In denying OOIDA’s petition for judicial review, the court ruled on Oct. 31 that the ELD rule is “not arbitrary or capricious, nor does it violate the Fourth Amendment” provisions against unreasonable searches and seizures.

However, the court’s crystalline opinion has not convinced OOIDA that it has done all it can to quash the ELD rule. The association does have the option of appealing the appellate court's decision to the U.S. Supreme Court.

“We are disappointed and strongly disagree with the court’s ruling,” OOIDA President and CEO Jim Johnston said in a statement. “Because this issue is of vital importance to our members and all small business truckers, we are reviewing our next steps to continue our challenge against this regulation.”

The court decision means the final ELD rule, published last December by the Federal Motor Carrier Safety Administration, remains on track to go into effect starting on Dec. 18, 2017.

The American Trucking Associations, which has championed the adoption of ELDs, was cheered by the court’s decision. “ATA is pleased that the court has cleared the way for this important regulation and we look forward to its implementation," said Sean McNally, ATA spokesperson.

The Truckload Carriers Association also supports the decision, which it pointed out “mirrors TCA’s own ELD policy, established by its Regulatory Policy Committee and approved by the Board of Directors in 2011.”

“I can remember a time when we referred to this technology as electronic on-board recorders and opposed them,” said TCA Chairman Russell Stubbs. “However, our members, being the innovators that they are, recognized the need for such technology, tested it, adopted it, and became leaders in a field that has placed safety and compliance at the forefront. We applaud the court’s decision in helping to level the playing field and getting ELDs another step closer to being placed in every truck on our roadways.”

David Heller, TCA vice president of government affairs, said that “TCA members have always been proactive in adopting technology that can aid in motor carrier compliance, so I know that the majority of them will be ahead of the curve when it comes to adopting ELD equipment. We will enjoy focusing on what’s next in trucking technology that will truly have a positive effect on motor carrier and driver safety.”

TCA noted that the court’s decision does not change the rule’s exemption for pre-2000 MY trucks and that, after Dec.16, 2019, all drivers and carriers subject to the rule must use certified, registered ELDs that comply with requirements of the ELD rule.

The Alliance for Driver Safety & Security (aka the Trucking Alliance) went so far as to declare that the court decision “clears the way for a new era in the freight transportation industry,” noting that the ruling “virtually assures" that all interstate freight carriers must install ELDs" and thus will provide law enforcement with "a more accurate way to verify compliance with drivers’ on-duty driving time.”

The Trucking Alliance said a key aspect of the Seventh Court’s ruling was that the three-judge panel frequently cited the import it lent to Congress having mandated ELDs back in 2012, including their statement that “requiring ELDs was not left to the discretion of the agency; Congress mandated it.” 

Because Congress mandated ELDs “rather than relying on FMCSA to simply promulgate a rulemaking, gave this issue much more weight,” said Lane Kidd, the Alliance’s managing director. “Congress mandating ELDs will prove to be the pivotal point that changed the trucking industry for the better and [began] a new era of safety and compliance.”

“ELDs, when embraced by our industry, will improve commercial highway safety,” said Reggie Dupré, president and CEO of Dupré Logistics and secretary/treasurer of the Trucking Alliance as well as a former chair of the American Trucking Associations’ Safety Policy Committee. “ELDs are another technology that assists our drivers in their effort to be safe and reduce accidents.”

Comments

  1. 1. Cyril [ November 02, 2016 @ 05:17PM ]

    The reason behind this legislation is absolutely ridiculous . If anyone was to take a little time to research truck involved accidents they would find that the majority are not only the fault of smaller vehicles involved, but also that the majority of trucks involved already run Qualcomm systems and ELDs . Just another format of government overreach and a lobbyist that has a financial investment in the ELD system .

  2. 2. Don [ November 03, 2016 @ 03:45AM ]

    What would Reggie Dupre know about truck safety?he probably never sat behind the wheel of a truck. Now we have to listen to his thoughts on safety. 41 years of safe driving I have accumulated, no ELD. I don't need big brother telling me how to run my business safely. So now when a driver gets a little tired he'll just keep on pushing to make as many miles as he can tired or not trying to beat that running clock. Yeah that's safe. Morons the lot of you. Another government overreach.

  3. 3. Larry Paquin [ November 03, 2016 @ 03:56AM ]

    Congress needs to be regulated.This is ridiculous.

  4. 4. Larry Paquin [ November 03, 2016 @ 03:57AM ]

    Ridiculous!

  5. 5. Karmelitta [ November 03, 2016 @ 04:12AM ]

    This is ridiculous have been out here 40 years always safe why don't they check on the super bright lights they are not safe the people in Congress has never been out here when it is time to sleep we pull over and sleep this business is hard enough without some morons sitting in office trying to tell us what's right and wrong

  6. 6. Kenny Scott [ November 03, 2016 @ 04:31AM ]

    The largest companies are the ATA and almost all are the cheapest to drive for. Since the start of drug testing they have been calling on the FMCSa to do their Saftey work because they do not want to pay up for professional drivers and good management. With out a union or strong organization for the driver the people with money have decided that a tuck driver is not worth munch. So to help their accident law suits the have payed the Fmcsa and congress to make them bullet proof in the court room and still put substandard drivers in the seat.

  7. 7. Howard [ November 03, 2016 @ 04:35AM ]

    Yet another sign of a tyrannical out of control government ! The very reason this great country began on ! The tyrannical mighty British empire of long ago which our forefathers fought against to gain our independence from ! And here it is again on our own home Base !!! Nice going you leftist idiots !!! You enemies within !

  8. 8. cARLTON [ November 03, 2016 @ 05:25PM ]

    congress IS OUT OF CONTRO0 AND NOT IN REAL WORLD WHERE THIS IS HAPPENING. accidents I see are from big company trucks --for example-- 2 weeks ago in Charleston, W.V. 2 trucks wreck 3 miles apart and are from same company. ELD companies. After 38 years in trucking business, I am a lot I work with will quit.

  9. 9. philip [ November 04, 2016 @ 08:15AM ]

    TO EVERY TRUCK DRIVER TRUST ME WHEN I TELL YOU ITS TIME TO STRIKE. THIS ISNT JUST ELD. THEYARE GOING WITH NO DRIVER TRUCKS & THIS NEW CARB LAW HAS ALREADY PUT SOME TRUCKERS & TRUCKING COMPANIES OUT OF BUSINESS. BUS COMPANIES, WRECKER COMPANIES AND MANY MORE. GO TO YOUTUBE AND TYPE IN WHAT CARB HAS DONE TO CALIFORNIA. I HAVE MY OWN TRUCKING AND IT IS HARDER THAN EVER TO HIRE PPL BECAUSE EITHER THEY TRUCK IS TOO OLD OR THEY DRIVING RECORD IS SHOT. GET INVOLVED. I WILL LEAD THIS STRIKE. IF I HAVE TOO. WE ALLLLLLL NEED TO STICK TOGETHER & THATS THE ONLY WAY THESE POLITICIANS WILL HEAR US. email me @ [email protected] I'm looking for owner operators who are serious about driving & don't mind running to get nice paychecks. I have plenty freight to go around. We are in merrillville indiana.

  10. 10. Peter [ November 04, 2016 @ 12:09PM ]

    One in the picture is RoadLog. www.vdoroadlog.com

  11. 11. Lance [ November 04, 2016 @ 02:53PM ]

    Long term shut downs never have worked but a defined one would. Example when the DOT decide to have there 72 hour Saftey blitz don't work for 3 days.70 percent of the trucks are still running on paper logs. 3 days of this and the consumer will take note

  12. 12. Nelson Martin [ November 13, 2016 @ 08:40AM ]

    These major companies can run their eld if they want. It's just absolutely wrong for them to say that I as an individual also need to use them. I will NOT. I'm looking into the possibility of buying an older truck or just leaving the industry. After40 years I don't need a computer dictating to me how to do my job.

  13. 13. Mike D [ November 14, 2016 @ 12:11PM ]

    I don't understand what all the pushback concerning ELD'S is all about. To me it seems they are another tool to streamline the log process and help eliminate paperwork and HOS infractions. Can someone please explain their negativity towards ELD'S so I can understand both sides? Thanks in advance.

  14. 14. Paul [ November 21, 2016 @ 07:47AM ]

    I agree with Phillip...it's time for the trucking industry to say...ENOUGH ALREADY! As far as I'm concerned they can take their ELD's and shove them where the sun don't shine! But getting the industry to strike? Not gonna happen. You can put 2 truckers in a locked room and won't be able to get them to agree on the price of a free cup of coffee! BUT, there is a way to let our feelings be known painfully to our legislaters...and that is, pick a week, I like the week immediately before Christmas, and NOBODY hauls a load in or out of ANY capital city in the U.S.. it won't really hurt anyone's bottom line enough to hurt them, but it WILL get the attention we're looking for....no gas, no trash pickup, no food, and NO CHRISTMAS PRESENTS TO SHOP FOR! It will get national attention and bring these a..hole legislators to their knees....I'm in....how about you??

  15. 15. R. Roberts [ March 02, 2017 @ 06:23AM ]

    As an O/O I am so tired of all the regulations that tell me when and how I can or am supposed to work. What other business in the world has this kind of Government control involved? Everyone with their hand in your pocket all the time. Now they want to make a device that invades my privacy mandatory but they want me to pay for it. What country do we live in again? I'm with Paul.. shut it down for a week or two and let's see how many regulations they'll toss out just to get their stores restocked. Why do we take this abuse with a smile on our faces? You guys know we outnumber them right?

 

Comment On This Story

Name:  
Email:  
Comment: (Maximum 2000 characters)  
Leave this field empty:
* Please note that every comment is moderated.

Newsletter

We offer e-newsletters that deliver targeted news and information for the entire fleet industry.

GotQuestions?

ELDs and Telematics

sponsored by
sponsor logo

Scott Sutarik from Geotab will answer your questions and challenges

View All

Sleeper Cab Power

Steve Carlson from Xantrex will answer your questions and challenges

View All