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.