Safety & Compliance

OOIDA Wants Rehearing on ELD Mandate Lawsuit

December 15, 2016

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The Owner-Operator Independent Drivers Association wants the U.S. Court of Appeals for the 7th Circuit to rehear a court decision regarding its lawsuit against the ELD mandate.

In October, a three-judge panel ruled in opposition to the association’s lawsuit against the Federal Motor Carrier Administration, which called the government’s excuses for mandating electronic logs weak and claimed it was in violation of the Fourth Amendment rights of privacy for truck drivers.

OOIDA’s latest petition wants a full court to hear the case rather than a panel of judges. The association challenged and beat a similar mandate in 2011 based on the argument that it harassed drivers.

“In our previous case on this issue, the court stated in its final opinion that our arguments regarding privacy would make for a thorough law exam,” said Todd Spencer, executive vice president of OOIDA. “This time, we have again raised several issues that should be considered more broadly and we hope to have a full review by the court.”

OOIDA said that its latest petition for review points out other court decisions that may conflict with the court’s decision to uphold the ELD mandate. The association also contends that requiring electronic monitoring devices does not advance safety because they are not more reliable than paper logbooks for recording compliance with hours-of-service regulations.

FMCSA announced a final rule in Dec. 2015 mandating the use of electronic logs for all trucks involved in interstate commerce that are model-year 2000 or newer. The federal mandate is set to go into effect in Dec. 2017.

Comments

  1. 1. Anthony [ December 16, 2016 @ 07:28AM ]

    Once again...This ELD issue is not about safety...It's about controlling how much a driver can earn...If it was about safety they would have taken into consideration that as the hours evolve the driver eventually drives during hours in which he/she fatigued, and causing a serious danger to the motoring public and the drivers health as a whole.

  2. 2. Billy [ December 16, 2016 @ 07:58AM ]

    OOIDA is against everything and just continues to waste member's money by going to court again and again. That's why I quit them long ago.

  3. 3. Tornado [ December 16, 2016 @ 08:37AM ]

    Here we go again, drivers that insist on letting their company force them to work for minimum wage while they get every possible minute of 70 hours of the drivers. Every one of them, admits to breaking the law, but then complain when they are forced to oporate legally.

    The issue is really not about harasment, but rather about the inability to cheat the system at will.

    It's time to make the brokers responsible for fixing the problems they create when scheduling loads before they know the drivers availability. And not factoring in delays that the driver is not responsible for.

    If we all guit cheating a long time ago, we would not have this mess .

  4. 4. MrNA [ December 17, 2016 @ 08:06PM ]

    I agree. The problem is not solely the ELD but more of pay and the hours of service. The current FMCSA is ignorant. The HOS as written are onerous and way out of reality. Drivers are ignorant to work like dogs for 20, 30, 40, 50 k a year. To go over the road pay should be at least $35.00 an hour with bennies and OT after eight. Then the ELD would be accepted in full compliance and as a pay stub..

 

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