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Supreme Court Denies Petition to Hear ELD Challenge

June 12, 2017

By Deborah Lockridge

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The U.S. Supreme Court will not hear a challenge to the ELD mandate. Photo: Public domain
The U.S. Supreme Court will not hear a challenge to the ELD mandate. Photo: Public domain

The U.S. Supreme Court has denied the Owner-Operator Independent Drivers Association's request to take on the issue of the constitutionality of electronic logging devices.

The June 12 announcement of the court's denial of OOIDA's petition means the court will not hold hearings on whether the regulation violates drivers’ rights to privacy under the Fourth Amendment, which means a lower court ruling upholding the Federal Motor Carrier Safety Administration's ELD mandate stands.

Under the electronic logging device rule, motor carriers and drivers must transition to ELDs by Dec. 17 of this year. Those that were using automatic onboard recording devices prior to Dec. 18, 2017, may continue using AOBRDs through Dec. 16, 2019. Suppliers of ELDs must conform to technical specifications, certify their ELDs, and register them with FMCSA.

Along with the issue of protecting driver privacy, in its petition to the Supreme Court, OOIDA also was seeking a ruling on whether the ELD rule violates the Fourth Amendment by failing to establish a regulatory structure at the state and federal levels that serves as a substitute for a warrant.

When asked to comment on the decision by HDT, OOIDA responded: "We are extremely disappointed that the Supreme Court does not see the merit in reviewing our case with so many questions about its constitutionality. We will continue to pursue the issue on the congressional side, as there are still many questions about the technical specifications and enforcement aspects of the mandate. Until the government is able to answer many fundamental and basic questions about the mandate, they should at least delay its implementation.

"The mandate is the equivalent of warrantless surveillance of truckers and it violates their Fourth Amendment rights. That intrusion on the rights of hard-working Americans cannot be justified. The mandate will not improve safety. It will, however, be another costly regulatory burden heaped upon an already over-regulated industry."

OOIDA has contended in the past that requiring electronic monitoring devices on commercial vehicles “does not advance safety since they are no more reliable than paper logbooks for recording compliance with hours-of-service regulations.”

Updated 6/12/2017 at 11 a.m. EDT to add OOIDA comments.

Comments

  1. 1. Normal Person [ June 12, 2017 @ 08:48AM ]

    Perfect example of liberal democratic invasive, unnecessary overregulation the Trump admin will get rid of.

  2. 2. Maurice [ June 12, 2017 @ 09:21AM ]

    I have used some type of ELD for over 25 years is it a safety device? It will certainly let you know how tight you are on hours right down to the minute. To many have pushed the envelope on driving time with catastrophic results, hauling freight for peanuts. My viewpoint is that this force shippers to set realistic times to get their freight from point a to b, it should also get receivers to take freight in a timely fashion. Bottom line if you can't make money running legal you've got a bigger problem than this ELD mandate verses the "comic book"

  3. 3. Mike [ June 12, 2017 @ 09:28AM ]

    Let the CARNAGE BEGIN!

  4. 4. Steve [ June 12, 2017 @ 10:11AM ]

    Supreme Court; When $$$$$ Talks the Constitution Walks. S.C.; Up Yours troops.We don't give a crap about you and your buddies getting their heads,legs and arms blown off protecting the Constitution because we at the Supreme Court like the bribe $$$$.

  5. 5. Gary Johns [ June 12, 2017 @ 11:48AM ]

    How about we ALL refuse to install them and tell FMCSA to go fuck themselves !!!!!

  6. 6. Jim Allen [ June 13, 2017 @ 04:15AM ]

    No surprise, it's what I've come to expect from the Courts. The US Gov't., is owned by the Rothschild Banking Cabal. The same that own big transportation, The ATA, and nearly everything else in the world.
    I'd say Scalia, wouldn't comply with the puppet masters, like the Kennedy's, and Reagan for a minute. And every other President that went against the cabal.
    All were assassinated by this cabal. There's almost nothing it can't reach.

  7. 7. Tryx [ June 13, 2017 @ 07:50AM ]

    The Transportation Industry is where the Money is & that's where you'll always find Big Government with their Hands Deep into it's pocket

  8. 8. George Harvey [ June 13, 2017 @ 10:34AM ]

    Well, lets shutdown the week before black Friday for the following 2 weeks

  9. 9. Paul [ June 13, 2017 @ 12:43PM ]

    I agree with George...I've been saying for years that we, the truckers, have the power....they just don't seem to know how to use it...pick a date...4 days should do it...no trash pickup, no food, no gas, no toilet paper....no friggin' nothing......all this crap will go away. Not sure what I'm gonna ng to do...probably nothing...collect an out of service or ticket, get a lawyer and sue what ever state and infircement agency that sites me...and go from there...sorry...I'm NOT gong to let a friggin' machine tell me when I'm tired! Screw 'em. Time to unite boys and show them who needs who!!!!!

  10. 10. Brad Pederson [ June 13, 2017 @ 05:45PM ]

    I agree 100% as drivers who work so hard to bring the needs to people and try to give our family's a half descent life we need to pull together as one. It can't be only a part of us because in all reality that won't work. We all know that!

  11. 11. Edsaid [ June 14, 2017 @ 10:04AM ]

    Does anyone remember the tachograph? It kept up with everything your vehicle did.
    However, I agree that truck drivers are being stomped all over. It seems to be an easy target for the politicians that want to be noticed.
    Yes, there are problems in trucking, but it isn't the drivers. It's the big companies that want to make a fast buck off the backs of the drivers. It should be these companies that should be getting looked at, inspected and paying the fines, not the drivers. The drivers are stuck in the middle, getting kicked from all sides. It's high time those kicks were redirected towards the real source of the problems. If regulations need to be tightened up on anyone it needs to be the shippers and receivers, not the drivers. Make them conform to where the drivers can safely do their job.

  12. 12. Carlton [ June 17, 2017 @ 11:58AM ]

    Maurice, you didn't tell the whole story. yes , it will show you how close you are on time and then you drive like speed demon Idiots to make on eld time. I can name you some companies that are on ELD and they are the most unsafe drivers I see. they run thru road construction speeding and drive like total idiots. just last week one on 81 hit something in the rear and then went in median. this ELD is about forcing us to buy a product for them to make money. I been out here 41 years and I am not into this modern technology and I will quit in December. THANKS, fmcsa.

 

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