OOIDA Vs. FMCSA 2016

Discussion in 'Trucking Industry Regulations' started by truckthatpassesyouby, Jul 25, 2016.

  1. truckthatpassesyouby

    truckthatpassesyouby Road Train Member

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    http://www.overdriveonline.com/truc...ff-in-court-over-eld-mandate-this-september/#

    Summary of 4 articles.

    OOIDA:
    The association argued in its appeal of the ELD mandate that requiring electronic monitoring devices on commercial vehicles does not advance safety, is arbitrary and capricious and violates Fourth Amendment protections against unreasonable searches and seizures.

    FMCSA: Relative to ELDs potential to infringe on truckers’ privacy, FMCSA argues that’s simply part of being a truck driver. Trucking has a “‘long tradition of close government supervision,’” the agency says, citing the 1987 court decision New York v. Burger. Truckers should have a lower expectation of privacy while on the job, FMCSA’s lawyers argue in the brief, because trucking is such a highly regulated industry.

    OOIDA: “The agency provided no proof of their claims that [the current ELD mandate] would improve highway safety. They didn’t even attempt to compare the safety records of trucking companies that use ELDs and those that do not,” said Jim Johnston, OOIDA President and CEO.

    FMCSA:
    The agency distilled its arguments for the mandate into six key points:

    1. The rule was required by Congress, the agency says. The mandate requires nothing further than what Congress asked of the agency, FMCSA argues.
    2. ELDs are more reliable at tracking hours of service than paper logs and will “increase compliance” with hours regulations, the agency says.
    3. The agency has shored up the trucker harassment concerns that caused the court the toss out the prior ELD mandate, FMCSA says.
    4. The rule will reduce crashes, according to FMCSA’s cost-benefit analysis.
    5. Drivers’ personal data and records are protected in adjudication processes, including when drivers file complaints against carriers.
    6. ELDs do not violate illegal search and seizure protections.
    OOIDA: ELDs will be tracking nearly all drivers’ locations, says OOIDA Executive Vice President Todd Spencer. “It’s unjustified because simple hours of service compliance doesn’t require tracking of drivers,” he says. “They’ve tried to modify [the rule] a little bit to make it less intrusive, but it’s still intrusive, and it’s a violation, from what we contend. What’s being proposed as the standard for drivers isn’t even permissible for suspected felons without a court order.”
     
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  3. truckthatpassesyouby

    truckthatpassesyouby Road Train Member

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    The 2011 court rulings of the 2012 EOBR mandate came to an end from a lawsuit by OOIDA, as well.

    Here is what the court said the last time:

    The appeals panel cited the “well established” rule that says a federal agency “must articulate a reason for its action that demonstrates a ‘rational connection between the facts found and the choice made.’ … Its explanation may not be superficial or perfunctory.”

    The court also rejected FMCSA’s secondary defense: that driver harassment was addressed under the EOBR rule’s Privacy Impact Assessment. The court ruled that harassment and privacy might be related, but harassment still must be considered independently.


    So, this time around, we'll have to wait and see if FMCSA wins or if OOODA wins again.
     
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  4. Dave_in_AZ

    Dave_in_AZ Road Train Member

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    Well those 6 points the FMCSA presented are hardly concise. Vague at best. And if they are going to cite prior rulings as precedents, OOIDA need only cite that of the appeals court, because those 6 vague arguments certainly don't meet or exceed the burden of that ruling.
     
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  5. snowwy

    snowwy Road Train Member

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    They should bring in the argument of loss of income also. And what not.

    There's been a few guests on landline now that say income will drop 25% or more.

    I know i'm glad i don't have to worry about it anymore.
     
  6. gokiddogo

    gokiddogo Road Train Member

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    How about an open forum so drivers, dispatchers, customers, law enforcement, regulators, can be open and discuss THESE ARE THE ISSUES WE FACE EVERY DAY ... and how do you want us to go about our jobs with the electronic log. If there were some stipulations for movement on customer property or when you run out of legal time at a dock you either get the cops called or go into violation for driving to the truck stop. Lose or Lose.
     
  7. truckthatpassesyouby

    truckthatpassesyouby Road Train Member

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    I don't think it's about us, the drivers as a whole; or the customers and shippers. It's the FMCSA pushing for Safety measures through control legislation bought by the ATA to "level the playing field."

    The members, businesses and organizations that support OOIDA are who's interests are being fought for. Less control
     
  8. purpleprime

    purpleprime Medium Load Member

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    If you went into the court room and said this Eld keeps me from making the same amount of money that I made while using paper logs , it's the same as saying I have to cheat the paper logs to make monew so probably not a good argument for the court room lol
     
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  9. Pedigreed Bulldog

    Pedigreed Bulldog Road Train Member

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    A study involving the crash rate of elog equipped trucks vs paper log trucks would have been a prudent thing to have done, along with keeping tabs on how frequently trucks are cited for 10+ mph over the speed limit and whether they are on elogs or paper. For spits and giggles, compare crash rates and speeding citations 10+ mph over the limit for governed trucks vs wide open trucks, too, since they are tossing around the idea of limiting trucks. Might open some eyes as to just HOW dangerous elogs and speed limiters might be when you consider the fact that the only places governed trucks are capable of speeding 10+ over the limit is in construction zones, school zones, and through town...the most dangerous places to be speeding like that.
     
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  10. truckthatpassesyouby

    truckthatpassesyouby Road Train Member

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  11. snowwy

    snowwy Road Train Member

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    I could take the courts for a trial run to california. MAYBE they'll have sympathy cuz there's NO way you're getting in and out in 14 hours. :)
     
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