Electronic logging rule could be headed back to court
Posted December 15, 2016
The Owner-Operator Independent Drivers Association (OOIDA) has formally filed a request to have its case against the electronic logging device (ELD) rule reheard.
The group filed its petition on Wednesday with the U.S. Court of Appeals for the Seventh Circuit, according to a report from OOIDA’s Land Line Magazine.
On October 31, 2016, three judges from that court struck down OOIDA’s legal challenge against the ELD rule, allowing the mandate to proceed. Now, in a 55-page brief, the association is asking for all 12 judges on the court to hear the case.
Unless the case lands in the Supreme Court, this appeal may be OOIDA’s last chance to stop the ELD mandate from going into full effect in December 2017, when about 3.5 million commercial drivers will have to start using electronic logs in place of paper logs.
According to the court’s rules, any plaintiff may request a hearing before the full panel of judges, but such requests are rarely granted.
OOIDA has been arguing that the ELD rule:
- violates federal law by allowing ELDs that are not entirely automatic,
- won’t protect drivers from harassment,
- does not justify its high costs,
- imposes an unconstitutional search and/or seizure on truck drivers, and
- does not protect drivers’ rights to confidentiality.
In its October 31 decision, the court struck down all five arguments and concluded that the ELD rule is “reasonable.”
In 2011, the same court sided with OOIDA when it vacated an earlier version of the electronic logging rule, based on the issue of harassment.
The court is not under any deadline to respond to OOIDA’s petition.
This article was written by Daren Hansen of J. J. Keller & Associates, Inc.
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