News Content
US truckers take legal action against electronic logging devices
The controversial mandate requiring electronic logging devices (ELD) in US trucks by the end of next year will reappear before a federal court next month, jeopardising the fate of the rule itself, and the so-called "capacity crunch" it was expected to generate.
The Owner-Operator Independent Drivers Association (OOIDA) announced it would be taking the Federal Motor Carrier Safety Administration (FMCSA) to court, seeking to win an injunction against a 2015 federal regulation requiring truck drivers to use electronic rather than paper logs by December 18, 2017, IHS Media reported.
A hearing before the US Court of Appeals for the Seventh Circuit in Chicago will be held in September. And like previous OOIDA lawsuits, the case will likely launch years of litigation involving the FMCSA and supporters of the ELD mandate, including industry lobby the American Trucking Associations.
The rule has the potential to reshape the trucking and shipping business in a big way. The US Department of Transportation has said it believes the ELD mandate will eliminate 1,844 truck-related accidents per year, saving 26 lives per year and preventing 562 injuries.
The rule also stands to force those drivers and carriers that make a living breaking the rules off the road.
The mandate is expected to reduce truck capacity in the US, putting upward pressure on truck rates paid by shippers. That, in turn, is expected to drive many shippers away from over-the-road options toward intermodal shipping.
OOIDA in 2011 was able to successfully sue the FMCSA and experienced an appellate court overturn a previous ELD rule. "The court knocked it down before, therefore we are confident they will do so again," said OOIDA spokeswoman Norita Taylor.
This time around, OOIDA is keeping its cards close to its chest, refusing to disclose the arguments it will use against the rule ahead of time. "Arguments will be provided in subsequent filings and during oral arguments in front of the court," OOIDA has said.
However, the association is likely to resurrect its argument that an ELD mandate violates privacy rights guaranteed by the Fourth Amendment to the US Constitution. OOIDA also claims today's devices don't meet the requirements set by Congress in 2012.
The Owner-Operator Independent Drivers Association (OOIDA) announced it would be taking the Federal Motor Carrier Safety Administration (FMCSA) to court, seeking to win an injunction against a 2015 federal regulation requiring truck drivers to use electronic rather than paper logs by December 18, 2017, IHS Media reported.
A hearing before the US Court of Appeals for the Seventh Circuit in Chicago will be held in September. And like previous OOIDA lawsuits, the case will likely launch years of litigation involving the FMCSA and supporters of the ELD mandate, including industry lobby the American Trucking Associations.
The rule has the potential to reshape the trucking and shipping business in a big way. The US Department of Transportation has said it believes the ELD mandate will eliminate 1,844 truck-related accidents per year, saving 26 lives per year and preventing 562 injuries.
The rule also stands to force those drivers and carriers that make a living breaking the rules off the road.
The mandate is expected to reduce truck capacity in the US, putting upward pressure on truck rates paid by shippers. That, in turn, is expected to drive many shippers away from over-the-road options toward intermodal shipping.
OOIDA in 2011 was able to successfully sue the FMCSA and experienced an appellate court overturn a previous ELD rule. "The court knocked it down before, therefore we are confident they will do so again," said OOIDA spokeswoman Norita Taylor.
This time around, OOIDA is keeping its cards close to its chest, refusing to disclose the arguments it will use against the rule ahead of time. "Arguments will be provided in subsequent filings and during oral arguments in front of the court," OOIDA has said.
However, the association is likely to resurrect its argument that an ELD mandate violates privacy rights guaranteed by the Fourth Amendment to the US Constitution. OOIDA also claims today's devices don't meet the requirements set by Congress in 2012.
Latest News
- For the first time, tianjin Port realized the whole process of dock operati...
- From January to August, piracy incidents in Asia increased by 38%!The situa...
- Quasi-conference TSA closes as role redundant in mega merger world
- Singapore says TPP, born again as CPTPP, is now headed for adoption
- Antwerp posts 5th record year with boxes up 4.3pc to 10 million TEU
- Savannah lifts record 4 million TEU in '17 as it deepens port
