Safety & Compliance

OOIDA Sues for ELD Review

December 15, 2015

By David Cullen

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Image: OOIDA
Image: OOIDA

The Owner-Operator Independent Drivers Association has filed a lawsuit seeking a judicial review of the electronic logging device mandate that was announced by the Federal Motor Carrier Safety Administration on Dec. 10.

OOIDA pointed out in a Dec. 15 statement on its legal action that “FMCSA is mandating that truck drivers use ELDs to track their record of duty status and compliance with HOS regulations even though such devices can only track movement of a vehicle and approximate location.”

Jim Johnston, OOIDA president and CEO, said the ELD mandate could have the “single largest, most negative impact on the industry than anything else done by FMCSA. “We intend to fight it with everything we have available.”

The association previously challenged a similar mandate in the courts. OOIDA’s current petition for review of the ELD mandate was filed with the U.S. Court of Appeals for the 7th Circuit on Dec. 11— the day after the mandate was announced.

The appellate court is the same one that, in August 2011, vacated a proposed electronic logbook rule based on the argument of harassment of drivers. 

OOIDA noted that the petition for review it has filed this time does not outline the arguments that will be used to challenge the final rule. Rather, the association said that arguments will be provided in subsequent filings and during oral arguments in front of the court.

“This regulation is absolutely the most outrageous intrusion into the rights of professional truckers imaginable and will do nothing at all to improve highway safety,” Johnston added. “In fact, we firmly believe it will do exactly the opposite by placing even more pressure and stress on drivers than they already deal with.”

Related: Trucking (Mostly) Welcomes Electronic Log Rule

Comments

  1. 1. GDTommy [ December 16, 2015 @ 03:23AM ]

    I agree with Bill Johnson's perspective on ELD's being detrimental to a certain percentage of drivers. Not all trucking is the same; there are multiple facets to the industry from freight distribution to heavy hauling of machinery, otr to day work.

    My operation for example. I transport fuel, home daily and work well within the 70 hr deadline. Issues at loading facilities or unexpected repairs during the day can affect me and my ability to deliver the load and return home (which is 7 miles from my delivery location,)

    This proposed mandate will change everything, make me drive and work more aggressively due to being "against the clock" so to speak, and turn a somewhat comfortable work day into a race against time when circumstances dictate when I need to shut the key off for 10 hours.

    Currently, the system although flawed with certain issues... Works. We've had to adapt and overcome many changes over the past few years that the FMCSA has thrown at us, but this ELD situation will in my opinion, affect a lot of small business, local and regional hauling operations in a negative way to the point it may not be worth the effort to comply for many.

    The old saying stands true; "If it isn't broken, don't fix it"...

  2. 2. GDTommy [ December 16, 2015 @ 03:24AM ]

    Correction; I apologize... I meant to say Jim Johnston, not Bill Johnson.

  3. 3. Ben Baxley [ December 16, 2015 @ 04:15AM ]

    Will this mandate force shippers to only use large carriers with 500+ trucks?

  4. 4. Jeff [ December 16, 2015 @ 07:30AM ]

    The FMCSA states in the ruling that it will save lives, but does not explain where those numbers came from (entirely), i.e. big carriers, little ones, ones that use paper logs or ELD's. GDTommy said it well, to many various avenues to AGAIN try to make this a one size fits all regulation. Like GDTommy we do not run 70 hours in a week, but we would now with ELD's and we have a great safety record.

  5. 5. Russ [ December 16, 2015 @ 07:58AM ]

    I've said it before and I will say it again, these articles are written by a bunch of liberal communists, when they say that the trucking industry mostly loves these computers they're talking about a handful of the biggest companies not the majority of truckers. It's all about the lobbyist that work for these computer manufacturers. Everybody is having to speed down the road now to make up for the loss of time so how is that safety related ? I'm driving when I'm tired now and sitting when I am full of energy. It has taken the fun out of trucking because I am no longer able to pull over when I want to and enjoy the ride. We are forced to stop and eat deli food so that we can get on the road we are no longer able to pull over and cafés that we like to frequent . So we are either getting fat from eating deli or skipping meals and not eating healthy . Now the big companies can get bigger and the small guy can go out of business. I hope the OOIDA tears them a new one!

  6. 6. Jean [ December 16, 2015 @ 08:52AM ]

    You go Jim Johnston!!! It's all about the money. I'm actually insulted that they would have the gall to put in print that it would save 26 lives. You would think with the money these people are getting paid they could come up with a better alternative. That's our government in action.

  7. 7. Victor [ December 16, 2015 @ 02:23PM ]

    They all can go to $#!/ I sold my small fleet because of this BULL.

  8. 8. dan roe [ December 18, 2015 @ 10:26AM ]

    So far the only thing I've noticed about drivers using ELD's is it causes them to be more aggressive drivers because they are trying to beat the clock. How does that improve highway safety?

  9. 9. jay mitchell [ December 19, 2015 @ 07:43AM ]

    We have been in the trucking business since 1988. We have no problem with the ELD, 14 hour rule, but have an issue with the 10 hour break. Drivers should be able to break up the 10 hours off in any way necessary.
    Just went thru a DOT audit and even the officer that did the audit told me drivers should be able to break up the off duty time so they don't drive fatigued. The 34 hour restart is the best thing that ever happened in the industry and the government is trying to resend that too. Too much control by government and we all know what happens when they get involved. Trucking is not an 8 hour a day job, it's a tough job !!

  10. 10. Peter [ December 19, 2015 @ 11:58PM ]

    What would happen if Fmcsa have the pay for all Eld plus installation? They will quickly give up mandate I guess.
    This is modern slavery in the name of safety. On

  11. 11. Jim B. Lane [ June 16, 2016 @ 05:23PM ]

    I've done the cost analysis on my operation it will cost me several hundred more $ every year. Not to mention telling me when to drive & when to sleep not when you are tired like some kind of a machine,we are humans not robots.

  12. 12. David coffman [ December 15, 2016 @ 05:57PM ]

    This is undoubtedly one the most dangerous thing I have seen in the trucking industry ever look at how many milt truck crashes there is dot think it is ok I don't even like going out on the road you make all trucks run the same speed and watch what you got all them in one pile up

 

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