Owner Operator Association fights ELD
Submitted by Bill on
The Owner Operators Independent Drivers Association has filed a lawsuit against the Federal Motor Carrier Safety Administration trying to stop the mandatory requirement to use Electronic Logging Devices. Here are the issues that OOIDA has brought in their suit:
I. THE FINAL RULE DOES NOT IMPLEMENT THE STATUTORY MANDATE TO RECORD A DRIVER’S HOURS OF SERVICE AND CHANGES IN DUTY STATUS AUTOMATICALLY
2 THE FINAL RULE FAILS TO ENSURE THAT ELDS ARE NOT USED TO HARASS DRIVERS NOT NECESSARY TO FURTHER THE REGULATORY SCHEME
A. FMCSA Must Conduct a Cost-Benefit Analysis
B. The Final Rule Provides No Benefits For Increased Safety
IV. THE FINAL RULE VIOLATES DRIVERS’ FOURTH AMENDMENT RIGHTS
A. The Use of ELDs Constitutes a Search
B. Drivers Have Not Consented to Mandatory Inspections
C. The Final Rule Does Not Satisfy the Conditions for an Exemption to the Fourth Amendment Warrant Requirement in a Pervasively Regulated Industry
V. FMCSA HAS FAILED TO INSTITUTE APPROPRIATE MEASURES TO PRESERVE CONFIDENTIALITY AND LIMIT THE USE OF DATA OBTAINED BY ELDS
We have been using an Electronic Logging System here at Interstate Truck Driving School for a while now and we do not agree with those arguments. Bill Collins, the owner of Interstate, has been driving trucks since 1975 and he has seen rampant cheating on the logging rules. He believes the Electronic Logging Devices are a positive step toward better compliance and safer roads.
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