Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Owner-Operator Group Challenges EOBR Rule

The Owner-Operator Independent Drivers Association filed a petition seeking review of the final rule mandating electronic on-board recorders for motor carriers with chronic noncompliance with hours-of-service regulations

by Staff
October 24, 2010
3 min to read


The Owner-Operator Independent Drivers Association filed a petition seeking review of the final rule mandating electronic on-board recorders for motor carriers with chronic noncompliance with hours-of-service regulations.

The Federal Motor Carrier Safety Administration earlier this year issued a final rule, which will go into effect June 1, 2012, requiring carriers that violate hours of service rules 10 percent of the time, based on single compliance review, to use electronic onboard recorders to track driver hours.

The association's core argument against mandating "black boxes" is that there is no proof the devices can accurately and automatically record a driver's hours of service and duty status. An EOBR can only track the movement and location of a truck; it requires human interaction to record any change of duty status.

OOIDA offers as an example the process of loading and unloading - time that should typically be logged as on-duty, not driving. However, without interaction from drivers indicating to the device that they are on-duty, the device is incapable of determining the actual duty status of drivers.

OOIDA also contends that the Federal Motor Vehicle Safety Administration ignored a federal statute to ensure that EOBRs will not be used to harass vehicle operators.

"Not one word appears in the EOBR rulemaking record identifying regulations containing safeguards to 'ensure that the devices are not used to harass vehicle operators,' " the brief states. "For this reason alone, the rules must be found to be arbitrary and capricious for the agency's failure to heed the specific statutory mandate."

A Regulatory Impact Analysis by FMCSA noted that "companies use EOBRs to enforce company policies and monitor drivers' behavior in other ways." OOIDA says this type of monitoring can be used to harass and improperly pressure drivers.

"Carrier harassment includes the use of technology to interrupt a driver during an off-duty rest period. Carriers can contact the driver and pressure him to get back on the road to maximize his on duty-time. Such power usurps the driver's discretion to get rest, take a break or sleep when he believes it is necessary even when he or she has time left on the clock to drive or work," OOIDA's brief states.

Another argument against the use of the electronic on-board tracking devices centers on the Fourth Amendment.

"The real-time, government mandated, 24-hour electronic surveillance of a driver's location and movements contemplated by the (notice of proposed rulemaking) is an unjustified and dangerous intrusion on drivers' right of privacy," the brief states.

The constitutional argument states that the constant monitoring constitutes a search of the driver within the meaning of the Fourth Amendment.

While warrantless searches have been granted in the workplace, numerous court decisions have prevented them on a citizen's home or private dwelling. Given the unique nature of the trucking industry and the fact that many drivers use their tractors as their "home away from home," the association argues that "a driver has such a reasonable expectation of privacy in his truck when he is not working."

"The mandated use of EOBRs subjects perfectly legal, private activity to public scrutiny, and potential sanction," the brief states.

OOIDA and the member plaintiffs are asking the court to vacate the rule and send it back to the agency for further consideration consistent with the court's findings.

The court has given FMCSA until Nov. 4 to file its reply briefs.
 

More Drivers

American flag in background with photos of military truck and Freedom Haulers ad graphic
Driversby Deborah LockridgeJuly 30, 2026

Trump Administration Looks to Put More Veterans Behind the Wheel

The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.

Read More →
Equipmentby Jim ParkJuly 30, 2026

Putting Mack’s Command Steer to the Test

A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.

Read More →
Truck driver behind the wheel with illustration overlaid of someone handing out cash
Driversby Deborah LockridgeJuly 28, 2026

Competition Heating Up for Truck Drivers

New report reveals rising driver hiring costs, the return of sign-on bonuses, growing AI advantages, and the operational factors shaping driver retention.

Read More →
Ad Loading...
Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Ad Loading...
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →
Man standing beside tractor-trailer in sepia tone with the words "Farewell CDL" superimposed on top
Driversby Jack RobertsJuly 1, 2026

Farewell, CDL: Why I'm Giving Up My Commercial Driver's License

After more than 20 years as a CDL holder, HDT Executive Editor Jack Roberts is letting his commercial license expire. Not because he wants to — but because trucking's nuclear verdict crisis has made the risks of public-road test drives too great for editors, manufacturers, and everyone involved.

Read More →
HDT Talks Trucking thumbnail with photo of Jane Jazrawy and the text,, "When Drivers Tune Out"
Driversby Deborah LockridgeJune 24, 2026

How Top Trucking Fleets Improve Driver Retention [Video]

What do healthy snacks, optimized routing, and just picking up the phone have in common? They're all strategies the Best Fleets to Drive For are using to retain truck drivers.

Read More →
Ad Loading...
Trucker Path Cargo Net theft overlay.
Driversby News/Media ReleaseJune 23, 2026

Trucker Path Adds Verisk CargoNet Theft Data to Navigation Platform

Trucker Path’s new cargo theft risk overlays give drivers and fleets visibility into high-risk areas, stolen commodity trends, and theft hotspots.

Read More →