OOIDA hauls FMCSA back into court over electronic logs.

[항해사]

12/14/2015

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OOIDA hauls FMCSA back into court over electronic logs

By Jami Jones, Land Line managing editor

Just a day after the unveiling of a final rule that gives professional drivers no choice but to use electronic logs, the Owner-Operator Independent Drivers Association filed suit against the heavy-handed mandate.

The Federal Motor Carrier Safety Administration announced on Dec. 10 its final rule mandating the use of electronic logs in all 2000 and newer trucks in interstate commerce. The following day, Dec. 11, OOIDA filed a Petition for Review with the U.S. Court of Appeals for the 7th Circuit. 

“This rule has potential to have the single largest, most negative impact on the industry than anything else FMCSA has done,” OOIDA President Jim Johnston said. “We intend to fight this with all the resources we have available.”

Johnston challenged the justifications the agency and anti-trucking groups have used to promote the mandated use of the devices.

“This regulation is absolutely the most outrageous intrusion into the rights of professional truckers imaginable and will do nothing at all to improve highway safety. In fact, we firmly believe it will do exactly the opposite by placing even more pressure and stress on drivers than they already deal with,” Johnston said.

Many drivers echoed Johnston’s point on Facebook.

“Where exactly is the safety factor for ELDs? You can still drive too fast, tailgate, fall asleep behind the wheel, and swerve into other traffic. There’s NO safety to it,” Ben Lujin shared.

“You know, you see all of these wrecks and it’s mostly the big companies that have the wrecks, not us small ones. I think this is a crock,” Jimmie Dimmitt shared.

Another key issue OOIDA takes exception with on the final rule is a driver’s right to privacy.

“While they choose to call it electronic logging systems, in reality it is an electronic monitoring system for law enforcement purposes. They can’t even do this to known criminals without a court issued warrant,” Johnston said.

Driver Josh Klausen argued this same point on Facebook following the announcement of the final rule.

“I never signed my Fourth Amendment right away. Driving down the road does not give them probable cause to stop me. I’m not a criminal. I’m trying to support my family and I’m getting real sick of a bunch of suits that have never been in trucks making rules that prohibit me from doing so,” Josh Klausen shared on Facebook.

This isn’t the first time OOIDA has taken FMCSA to court over an electronic log mandate. 

The Association sued over the previous attempt by FMCSA to mandate electronic log use by companies with a safety history that reflected a 10 percent or greater level of noncompliance in one compliance review with the hours-of-service regs. In August 2011, the U.S. Court of Appeals for the 7th Circuit vacated the rule and sent FMCSA back to the drawing board.

In the previous lawsuit, the Association presented three arguments against the mandated use of the devices. The court had considered the first of the three – harassment of drivers – when the three-judge panel decided they had enough to order the rule vacated.

OOIDA filed suit against the agency, contending that the rule was arbitrary and capricious because it does not “ensure that the devices are not used to harass vehicle operators,” as required by law. The Association’s lawsuit also contended that the cost-benefit analysis failed to demonstrate the benefits of the technology and that the EOBRs violate the Fourth Amendment.

The opinion from the court, prepared by Circuit Judge Diane Wood, stated that the court “need address only the first issue” of driver harassment.

Rather than revamp the limited-use logging final rule, FMCSA scrapped that rule after the court threw it out and issued the full-mandate final rule last week.

OOIDA’s Petition for Review on the new final rule filed on Dec. 11 does not outline the arguments the Association plans to challenge the rule on in court. 

The Cullen Law Firm, OOIDA’s litigation counsel, anticipates a schedule for filings and arguments in the next couple of weeks. The Association’s arguments against the rule will be laid out in the subsequent filings and during oral arguments in front of the court.

“We knocked it down last time. Our goal is the same this time,” Johnston said.

Copyright © OOIDA

Comments

thanks,OOIDA

Like · Reply · 8 · Dec 14, 2015 6:37pm

Jihad Lives

We support you OOIDA, everyone should call their congressmen/woman to share their views concerning FMCSA's latest intrusion into our industry! https://www.opencongress.org/people/zipcodelookup enter your zip code and call away every day until they are sick of hearing from us! It's our only hope!

Like · Reply · 4 · Dec 14, 2015 6:41pm

Jihad Lives

Share this with everyone your know and ask them to do the same! Truckers or not, we can all make a difference!

Like · Reply · 1 · Dec 14, 2015 6:42pm

Pat Hockaday · 

Owner-operator at Trained Ape Trucking

May I sugest going to fightingfortruckers.com as one e-mail written goes to all three of your legislatures. The system does all of the work for you, no need to look up individual legislatures e-mail addresses.

Like · Reply · 3 · Dec 14, 2015 11:53pm

Jon Osburn · 

Santa Rosa Junior College

Why does the goverment think we all have money trees growning in our back yard? I don't agree with the B/S about a level playing field!

Like · Reply · 4 · Dec 14, 2015 6:50pm

Yote Anders · 

Partner at KCT LLC

If ATA wants to level the playing field, they should just give all the small carriers $1,000,000 per truck! LOL

Like · Reply · Dec 15, 2015 2:28pm

Thomas Gearjammer Marlowe · 

OTR Driver at Potato king transportation

"Level playing field" is a rallying cry for shitty paycheck transport to hog all the freight because of their superior capacity. Too bad they can't keep superior drivers... the superior ones get sick of the shitty paychecks. I learned early on in my career that life is WAY too short for shitty paychecks.

Like · Reply · Dec 15, 2015 11:13pm

Dave Massey · 

Transportation Engineer at International Wire Group

President Jim... THANK YOU!!

Like · Reply · 1 · Dec 14, 2015 8:10pm

Alexander Berezenko · 

트럭 운전사 at FedEx Freight

Stay strong OOIDA!

Like · Reply · 2 · Dec 14, 2015 8:10pm

Garry Thomas · 

Hallsville, Texas

OOIDA President Jim Johnston said. “We intend to fight this with all the resources we have available. Who do you think has the most money, OOIDA or FMCSA? Hell, let's go another round!

Like · Reply · Dec 14, 2015 8:21pm

Yote Anders · 

Partner at KCT LLC

Beats laying down and getting run over! Go JIM!!!!

Like · Reply · 3 · Dec 15, 2015 2:28pm

Robert Bennett

go get them

Like · Reply · 2 · Dec 14, 2015 8:49pm

Cindy Miller

We only have one truck and my husband just drives part time anymore as he still enjoys it after over 45 years. How do they expect us "old timers" to figure this electronic stuff out. He don't even have a smart phone or know how to use a computer.

Like · Reply · 2 · Dec 14, 2015 9:34pm

Merle Niehaus · 

Prositute at Self employed

convicts have more freedom

Like · Reply · 1 · Dec 14, 2015 10:56pm

John Earl · 

Kamloops, British Columbia

GOOO O.O.I.D.A !!!

Like · Reply · 2 · Dec 15, 2015 12:39am

Janice Harris · 

Saint Leo University

Another example of how big trucking interests overstep their boundries to put the small ones out,even though they cannot handle todays volume as it is, why dont we address the 14 hr. rule if we really want safer highways

Like · Reply · 1 · Dec 15, 2015 1:35am

Jesse Wood · 

최고경영자 at 퇴직

this is another rule i saw coming 5 years ago thats why i gave it up FMCSA is helping the big companies to push out the smaller ones they don't care about the small mom and pop operations

Like · Reply · 1 · Dec 15, 2015 4:46am

Frank Spence · 

School of Hard Knocks, The University of Life

If ever there was at time to bring this country to a halt this would be that time. we keep sitting back and accepting all of the rules and regulations these people throw at us and we adjust, they know that we will adjust to this, those of us that don't like it will leave the industry, those of us who are too old to do anything else will keep trying to hang on until we can retire and those of us who keep silent are part of the problem.. call a strike and make it work. for once Truck Drivers have to take a united stand together. We are being herded like sheep to the slaughter and only a few will make a break and run for it.. If the trucks don't move perhaps then they will understand that they actually need us.

Like · Reply · 6 · Dec 15, 2015 4:47am

Don Schumaker

Washington , get the hell out of Americans life !

Like · Reply · 1 · Dec 15, 2015 5:27am

Jan Watson

test

Like · Reply · Dec 15, 2015 9:57am

Hal Casner

My question is...Is this 'Electronic Log Book' the same device that WERNER was using in 1999-2001? If so, what's the problem....I was able too run 700+ (actual) miles in 14+ (actual) hours while the 'Log Book' was indicating 10hrs and 500-520 mls. (I was Eating & Sleeping Well!)

Like · Reply · Dec 15, 2015 10:56am

Dave Stoddard · 

Satsuma, Florida

You go there Mr company driver! If it was such a great deal, why aren't you still driving for them?

Like · Reply · Dec 15, 2015 10:48pm

Todd Lane

You missed the point. Read the article again (4th amendment). And Dave is right.

Like · Reply · 35 mins

Yote Anders · 

Partner at KCT LLC

this seems to be right in line with the publics perception of truckers as criminals. IT's time we all stood up and said enough is enough!

Like · Reply · Dec 15, 2015 2:26pm

Tim Butler · 

소유권 at Owner Squirrel Express Inc.

Not to mention the added cost of doing business that will hurt the small man trucker!

Like · Reply · Dec 15, 2015 3:21pm

Tony Griswold · 

Works at Windish Transport Inc

THANK YOU OOIDA NO E LOGS

Like · Reply · 1 · Dec 15, 2015 3:48pm

Kevin Reidy

I find it hilarious that the FMCSA thinks that elogs stopped the big common carriers from cheating. 

I can tell you straight out that just isn't so. An elog cannot discern what a driver is doing when that vehicle stops, he could be sleeping, he could be unloading, he could be playing video games for all that box knows.

And the companies know this. 

Working an unload? 

Nope, elog says I'm in the bunk. ...See More

Like · Reply · Dec 15, 2015 4:39pm

Kenneth Rex Ulery · 

Murray, Utah

That's because HOS rules can only regulate the behavior of trucks, not drivers. I always laugh when naive people make the assumption that 100% compliance means better rested, safer drivers, lol!

- See more at: http://www.landlinemag.com/Story.aspx?StoryID=30257#.VnM8xbYrLn4

[항해사]

앞으로 2017년도부터 모든 CMV 차량에 e-log를 장착 의무화를 하고 실행한다고
합니다. 그렇다면 이제 더이상 Paper log-book 을 이용할수 없게 되었습니다.

확정된것은 아니지만
다른 소식을 접하게 된다면 업데이트하도록 하겠습니다.

개인적인 생각은 빅트럭킹 컴퍼니들이 수익을 더 높이기 위해서
FMCSA에 로비를 한것이 아닌가 추측됩니다.^^

[Zzixx]

e-log 의무장착은 2년전 부터 나왔던 이야기 인데
2017년 부터 확정이 됐네요

컴퍼니 들이 로비해서 e-log 의무화를 하면 어떤 이득이 있을까요 ?

[항해사]

현재 보다 더 좋은 마일리지 페이와 정부입장에서는 사고를 줄일겠다는 입장같습니다.
최종적이지 않습니다.
기다려 보는것이 좋을것 같습니다.

[Zzixx]

아직 확정은 아니군요 ~