The recently issued electronic logging device (ELD) rule by the Federal Motor Carrier Safety Administration (FMCSA) is being challenged. The Owner-Operator Independent Drivers Association (OOIDA) filed a lawsuit over the ruling, which requires year 2000 and newer truck models to switch to ELDs within 2 years.
The ELD ruling aims to prohibit driver harassment by offering both technical and procedural provisions to prevent harassment from the ELD generated information. This is due to the U.S Court of Appeals proposal in 2011, which argued that the current electronic logbook rule based on OOIDA’s argument did not address the harassment of truck drivers.
“This rule has the potential to have the single largest, most negative impact on the industry than anything else done by FMCSA,” noted Jim Johnston, OOIDA’s president and CEO, in a statement. “We intend to fight it with everything we have available.”
Johnston explains that he feels the new rule, “will do nothing at all to improve highway safety”. The provisions, which aim to further protect drivers from being pressured to violation HOS regulations, gives agencies the authority to take action against transportation intermediaries, shippers, and receivers. “We firmly believe it will do exactly the opposite by placing even more pressure and stress on drivers than they already deal with.” Adds Johnston.
At this time the arguments that will be used by the OOIDA to challenge the ruling are not available. The arguments will be submitted during oral arguments and subsequent filings during the court procedure.