OOIDA Not Throwing In ELD Towel
Photo: Continental
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Photo: Continental
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While several trucking lobbies are applauding the court ruling that upholds a Congressional mandate to require electronic logging devices, the association that had sued to overturn the pending ELD rule has not yet given up the fight.
The Owner Operator Independent Drivers Association had argued strongly in its March filing with the U.S. Court of Appeals for the Seventh Circuit that the ELD rule would violate truck drivers’ rights to privacy under the Fourth Amendment. In denying OOIDA’s petition for judicial review, the court ruled on Oct. 31 that the ELD rule is “not arbitrary or capricious, nor does it violate the Fourth Amendment” provisions against unreasonable searches and seizures.
However, the court’s crystalline opinion has not convinced OOIDA that it has done all it can to quash the ELD rule. The association does have the option of appealing the appellate court’s decision to the U.S. Supreme Court.
“We are disappointed and strongly disagree with the court’s ruling,” OOIDA President and CEO Jim Johnston said in a statement. “Because this issue is of vital importance to our members and all small business truckers, we are reviewing our next steps to continue our challenge against this regulation.”
The court decision means the final ELD rule, published last December by the Federal Motor Carrier Safety Administration, remains on track to go into effect starting on Dec. 18, 2017.
The American Trucking Associations, which has championed the adoption of ELDs, was cheered by the court’s decision. “ATA is pleased that the court has cleared the way for this important regulation and we look forward to its implementation,” said Sean McNally, ATA spokesperson.
The Truckload Carriers Association also supports the decision, which it pointed out “mirrors TCA’s own ELD policy, established by its Regulatory Policy Committee and approved by the Board of Directors in 2011.”
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