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OOIDA Vows to Continue Fight Against Mandatory ELDs

June 12, 2017

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The Owner-Operator Independent Drivers Association says it’s not giving up on its battle against mandatory electronic logging devices, despite its failure to get the Supreme Court to review the constitutionality of the ELD mandate that goes into effect this December.

The U.S. Supreme Court announced Monday that OOIDA's appeal to the high court will not be reviewed.

OOIDA contends that a mandate to electronically track commercial truck drivers was never about safety and that the government was never able to demonstrate how such a mandate would improve safety.

“We are extremely disappointed that the Supreme Court does not see the merit in reviewing our case with so many questions about its constitutionality,” said Jim Johnston, president and CEO of OOIDA.

Johnston said OOIDA will continue to pursue the issue on the congressional side as part of its “Knock Out Bad Regs” campaign and will continue to communicate with the Trump administration about this and other regulations.

OOIDA had filed the petition seeking a review of a ruling from the U.S. Court of Appeals for the Seventh Circuit regarding the electronic logging device mandate. The court had ruled against the association last year on its lawsuit against the Federal Motor Carrier Safety Administration.

OOIDA says mandating electronic logging devices is the equivalent of warrantless surveillance of truckers and that the government’s weak excuses for doing so fail to justify violating drivers’ Fourth Amendment rights.

The association also says there are still many questions about the technical specifications and enforcement aspects of the mandate.

“The mandate has everything to do with large, economically motivated entities using the government to impose their will on small businesses which comprise the majority of the trucking industry. Until the government is able to answer many fundamental and basic questions about the mandate, they should at least delay its implementation,” said Johnston.

OOIDA contends that requiring electronic monitoring devices on commercial vehicles does not advance safety. Because ELDs can only track movement and location of a vehicle and still require driver input to determine on-duty and off-duty status, OOIDA says, they are no more reliable than paper logbooks for recording compliance with hours-of-service regulations.

In its petition to the Supreme Court, OOIDA asked the court to determine whether the ELD rule violated the Fourth Amendment by failing to establish a regulatory structure at the state and federal levels that serves as a substitute for a warrant.
 

Comments

  1. 1. William B. Trescott [ June 14, 2017 @ 10:37AM ]

    I've updated www.truckingvideo.com to fully describe the significant judicial corruption that resulted in this decision. I think all will agree that I had a better case than the OOIDA did. I've also included free highlights of the videos I produced back in the early '90's that I used to create the FMCSA.

  2. 2. John Scott [ June 15, 2017 @ 07:29AM ]

    I left trucking mostly because of health reason. Had a perfect driving record and yet my ability to address my diabetes properly actually hindered my ability to drive. Insulin is basically a career ender for driving truck. Again regulations that were enacted decades ago are not making trucking safer.
    Neither will electronic logging which basically tries to micro manage a industry of professionals who work in a very variable and diverse industry.
    Its no wonder good drivers are leaving and the industry is quietly turning to more inexperienced and even felons who are not so professional. Even worse trucking is still shedding companies and wages are not improving enough to attract good drivers. Two things need to happen, local medical people need to make the final decision on who is safe to drive, and we need a simpler system on logging hours on and off duty. Its too bad OOIDA does not have the voice it needs in DC to get heard. But trucking seems on a path to demise filled with young inexperienced, in professionals who don't mind clocking in and out on a ELD but fail at having real skills to drive a truck. Meanwhile the experienced get discouraged and leave the industry. I would still be driving today, if not for the hoops I would have to jump through to get a insulin waiver. A drug that has been drastically improved and effective which 40 year old regulations don't give credit for.

 

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