OOIDA has filed a lawsuit to counter ELD

Discussion in 'ELD Forum | Questions, Answers and Reviews' started by ExOTR, Mar 31, 2016.

  1. ExOTR

    ExOTR Windshield Chipper Extraordinaire

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  3. Straight Stacks

    Straight Stacks Paper Cha$er

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    Last ditch effort. Coin toss.
     
  4. MrEd

    MrEd Road Train Member

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    If I owned my truck, I could see 24 hr GPS tracking as an issue. But they own it, and have every right to know where it is. And from the days when qualcomm was just for communications, the companies have been able to see where ya are. ELD'S don't change that. Any lawsuit based on tracking, should have been filed years ago for it to have any real merit. Like Straight Stacks said, last ditch effort. We aren't gonna stop ELD'S at this point. FMCSA has already shown they absolutely do not care what you, I, the courts, or Congress think. Theyll do what they want anyway. And until Congress decides to get really tough and get them and all these other beaurocracys under control, this kind of stuff is gonna happen in this induatry, and every other one.
     
  5. Cowpie1

    Cowpie1 Road Train Member

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    One thing that OOIDA and others have failed to take into account.... no government hack is even looking at anything! Only if the truck is inspected, an accident occurs, etc. And when it comes to the latter, forget the FMCSA. It is the lawyer from the law firm of Burn 'em and Run that will be your biggest concern. Enterprising lawyers intent on making your life a living hell can find out more than the FMCSA ever thought of, and can twist things up so bad that no one can untie the knots. This is where an Elog can really save your bacon.

    And the GPS is not 24 hr tracking. It only records a location occasionally, if the ECM flips an emergency braking situation, and at status changes. Again, even if it was tracking every second of a 24 hr period, who is looking at it? NO ONE! That would require more staff at the FMCSA alone than any other two government agencies combined!

    I am not sure how it is unreasonable to have information that a truck was where it was claimed to be. And probably, a court is going to feel the same way. The OOIDA suit is just a last gasp effort that is probably a waste of their member's money. And the legislature is not going to do anything. Many legislators are in full support of all this ELD, speed limiter, etc stuff.
     
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  6. BigJls1

    BigJls1 Medium Load Member

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    Im not against ELOGS but am against FORCE. why not leave it a choice.....its already used by thousands of companies by their own choice for a variety of reasons.

    And why hasn't the FMCSA produced the number of trucks in wrecks with Elogs and with out ?

    Ill bet 75% of the rigs in wrecks I see are "ELOG equipped".....the point is they came out with this mandate because "it will save 27 lifes a year"

    WHAT!!!! how can you forecast such a specific number based on a theory!

    so lets leave it a choice not to be forced!
     
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  7. Cowpie1

    Cowpie1 Road Train Member

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    Well, you could be correct on your 75% of rigs in wrecks being Elog equipped, but that doesn't say anything about how being Elog equipped was a prime factor in the accident. For instance, most of the major fleets have drivers that have no where near the experience of the more seasoned drivers in the field. And, most of the major fleets are using Elogs. Also, since the big fleets have a higher percentage of trucks on the road anyway, it is only natural that one would see more of them represented in vehicle accidents. A similar thing would be how, say, Iowa, which has a higher percentage of Chevrolet pickups than Fords, it would only be natural to see more Chevy's in accidents than Fords. Not anything to do with the brand, just a simple matter of probability and statistics.

    What I would like to see is the rate per 1m operated miles of truck accidents of those with and without Elogs. I am sure someone, somewhere has stats like that. But I am not sure the differences would be that much. For the carrier I am contracted with, they show the stats per 1m operated miles of accidents, both preventable and non preventable, for the last 6 years at least in every newsletter they send out. Accident frequency was much higher before Elogs, dropped at a study pace after Elogs started being used a little over 4 years ago, and has remained fairly flat for the last 2 years. They don't even equate Elog use with the accident frequency in those published stats. Being here for 8 years, I know when they moved to Elogs and compared that to the stats myself. Also, only the company trucks are speed limited to 65 mph, and the ratio of O/O trucks to company trucks is almost 3 to 1.
     
    Last edited: Apr 3, 2016
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  8. BigJls1

    BigJls1 Medium Load Member

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    cowpie thats great. really, Im not against elogs and for alot of operations it has helped... BUT, it was your choice to add it to your truck, it was your choice to lease with company that requires it.

    if it really does make an operation safer and accidents go down then the industrie itself will adapt, and most all operations will realize JUST LIKE your company and add them VOLINATRY
     
  9. Cowpie1

    Cowpie1 Road Train Member

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    I have no problem with it being only a voluntary option. in fact, that is what I would have preferred as well. But it really doesn't matter at this point. We are beyond that now. Now, the key thing is finding ways to still be profitable while using them. Crying in one's beer over ELD's isn't going to get it. I would rather there not be a Federal Reserve and host of other things, but they are what we have to deal with. No matter what the obstacle, there will be those who are resilient enough to work around it. To wit, there are volumes of books written about optimists, and very few written about pessimists.
     
  10. CasanovaCruiser

    CasanovaCruiser Road Train Member

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    All we need is someone to exploit Qualcomm software to allow users to secretly edit everything including drive times and locations.
    All the benefits of paper with none of the inaccuracies.
     
    Iron-Man, 12 ga, Blackshack46 and 3 others Thank this.
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