The Owner Operator Independent Drivers Association has just been dealt a blow by the U.S. Court of Appeals for the 7th Circuit over their lawsuit against the controversial Electronic Logging Device (ELD) mandate. Undeterred by the setback, OOIDA has announced that they will be preparing to appeal the decision to the Supreme Court.
Published in early 2016, the final rule requires an ELD to be installed and used on every commercial truck model year 2000 and newer. ELD supporters claim that they are more accurate than paper logs, and some can log and track information on driver location, speed, fuel efficiency, braking speed, performance, and much more.
Soon after it came out, OOIDA called the rule “absolutely the most outrageous intrusion into the rights of professional truckers imaginable.”
They published a blistering motion to block mandatory ELDs in which they outlined their objections. The biggest points of contention were as follows:
- By the FMCSA’s own admission, ELDs are unable to automatically record changes in duty status, making them no more accurate – and no less susceptible to fraud – than paper logs
- The FMCSA did not adequately ensure that ELDs would not be used to harass drivers
- There is no proof that using an ELD reduces HOS violations or crash risk
And
- That mandating the use of ELDs violates drivers’ fourth amendment right to be free from unreasonable search and seizures
OOIDA’s motion was denied, but they quickly appealed the decision. Just this past week however, that appeal was denied as well. Now the driver’s advocacy group will need to make their case to the Supreme Court.
According to Jim Johnston, the president and CEO of OOIDA, the court case won’t be the whole battle.
“It’s clear now that we have to pull out all the stops to convince lawmakers… to set aside the ELD mandate,” he said.
Source: truckinginfo, fleetowner, overdrive, truckersreport, truckersreport, truckersreport, truckersreport, ooida
Charles Washington says
Go for it OOIDA!! You won this battle several years ago and you can do it again. Probably that same trucking alliance group that is pushing this s*** as usually because they want to control the industry.
Johnny Sponar says
My career depends on this. They lose this fight I’ll be hanging it up come this Fall…
John D says
Buying 3 trucks all older than 2000. I can build a new one off the frame of a 1999 for 30% of what they want a Big O Plastic New Freightliner for. Going to jack my rates and get it too after December 2017. This is actually a opportunity for old steel and the shippers will have so much fewer choices that they will hire you. Especially what I do, cattle and commodities. $4.50 a mile, Thanks to ELDS and Highway COMMUNISM!
Charles says
yes this is going to destroy us in the bull wagon. We will not be able to due what we due. the o’ say is, they no, we no they no we no, and with us knowing they no that we no we just nod and say no. This will hurt all of us, spring run, fall run and the hardest is winter rush.
Tim says
Is all about money and controlling people. I’m driving with ELD installed on my truck right now and it makes no difference , I still have moments when I have to pull over to take a nap . soooo
Tim says
Taken to its logical extreme—or close anyway—your argument implies you’d be a happy camper in jail. (But then for all I know maybe you WOULD be, in which case MY argument goes down the drain!)
Marion D. Hunt says
Seems OOIDA needs to learn what the 4th Amendment is and how it is used. Uf they win on 4th Amendment grounds, there goes paper logs as well as elog and paper tracks THE EXACT SAME THING! This is simply a ruse by those too lazy or stupid to run legal, pure and simple.
Bob says
It’s not as simple as some simple Company truckers think . THIS IS ANOTHER COST TO ME AND A HUNDRED THOUSAND OTHER OWNER OPERATORS! So why don’t you simple company drivers get back in that company owned truck login on duty and ponder this in your simple way, this may take some time away from you but that’s OK with you!
Tim says
Isn’t there an inexpensive smartphone app that satisfies the e-log requirement? If there isn’t one now, I’d think there will be sometime before the mandate takes effect. Oh and let me preempt, if I may: you’ll be laughed out of the room if you try to counter that smartphones are expensive.
The problem is that OOIDA just doesn’t get it. They’re hunting squirrels when they need be setting their sights on the elephant in the room: the HOS rules themselves.
RIch says
OH we get it. Get OFF OUR BACKS
Scott says
ELD needs top be hard wired into the truck. Already inquired about phone app.
John says
The way the law reads is that the eld has to be connected to the ecm on the truck a smart phone or trucker gps won’t work
Empty Pockets says
Wow! Spoken like a true steering wheel holder. 1st off in case this is your 1st week driving and you never ran paper logs they “are not” the same exact thing . ELOGs allow a company to electronically track a drivers truck without their knowledge and that’s what the basis of the 4th amendment is based on with this. Now a driver who goes to drive for a company who uses ELOGs should assume that they are tracking your every move. I’ve been driving 33 years now 27 of them as an O/O with my own authority. It’s knowbodys business but mine as to where my truck is, not to mention the equipment cost for ELOGs plus the monthly service fees. O/O operate on a narrow margin for profit as it is and seems every year our government implements new rules which cost us independents more money.If ELOGs make safer drivers as the FMCSA claims then why do these large companies that have been using ELOGs for over a decade have so many accidents? I can fill out a paper log just as fast an accurate as an ELOG so there goes the FMCSA’s claim on saving time. ELOGs are as flawed as paper logs and it should be a drivers choice as to which to use not the governments telling you that you have to use them. This is more less for other O/O not so much for company drivers as you can choose what company to drive for and make that decision to work for them based on if they use ELOGs or not. I can’t I work for myself.
Chris says
No it’s not that we are to lazy to log legal. The one size fits all HOS is total crap. Some of us need to stare at the ceiling of their sleeper for 10 hours and some of us only need 6 or 8. If I want to run 24/7/365 and live in my truck that’s my business. As long as I get my job done without incident leave me alone. I get tired I stop and take a nap, the 14 hour clock is the reason for accidents. It causes drivers to keep driving to get their delivery done. The half hour break is total BS, it does nothing to eliminate fatigue, if the 14 hour clock ties your hands.
john brown says
I been runnin that way and makin a liveing for my family for 25 years. He blotted out the ordinaces against me. I did elogs my pay was only half what i usually make.dam right im tired cause i work hard for my family. You think i ought not be tired. U goto hell! I have a minus number on my safety rateing.
And u can manipulate duty status like choose when to start your clock. The only thing elogs does is stop me from earning.
Billy Gerard says
Just another way for the government to control they know nothing about! Sure as hell can’t run the country right but they can run everything and else.
Billy Gerard says
Just another way for the government to control what they know nothing about! Sure as hell can’t run the country right but they can run everything and else.
ryan says
elogs in my opion creates more wrecks vs paper logs. why every minute of ur day ur pushing the speed the 50 mph through a truck stop. every minute counts. driver has really no control over when he drives when he don’t. I use elogs but im.home every night. I don’t Think elogs over the road would be any fun. like I said I think elogs have higher wreck percentage than paper. I actually know a company that put elogs in and found out the same thing the drivers were pushing every minute everyday and their wrecking percentage went up took elogs out and the percentage went down. even local I wish I was on paper. even hauling hogs I wish I was on paper. idk how cuz that haul livestock are Ganna do it on elogs I do it but I’m local
John Matthews says
You’re not an owner/operator any more it forced to use E LOGS
I will be done with trucking if forced to pay for them.
Longtimegone says
Thanks to everybody who cheats the system and causes problems, this is what we have to put up with. Government intervention.
Short Circuit says
Unlike most of YOU NEW SO CALLED TRUCK DRIVERS ….. I don’t need to be told when to eat ,sleep or sh**. The ELD cost me MONEY. EXAMPLE I loose 4 hours because an idiot on a corvette decides he wants to get drunk and run from the police and winds up strowed up all over the interstate and then on average between road construction and rush hour traffic I loose another 4-5 hours a week more going through Atlanta so I’ve lost a days pay I know that’s not much to you 30cent a mile company drivers but to loose a days pay a week is a lot of money too ME
Anthony says
The ELDS according to those forcing this down the industries throat is about safety…Nothing could be further from the truth!!! All drivers have a particular time during the day or night in which they feel comfortable driving…The ELDS would put an end to that…The drivers would eventually be driving during a time in which they would normally be sleeping, and after their ten hour break they will be fatigued, and driving dangerously, and at times falling asleep behind the wheel…The driver of course will be blamed for any accident…No this isn’t about safety, but rather control over how much a driver can earn!!
Robert Taylor. says
All you see is old like myself driving now. There is no money in it. No life, no fun , truck are the most deprived job there is. A prison on wheels.And the government, who don’t want to see their children living like this, wants to mess with us some more.stop driving, It won’t take long.
Robert Taylor. says
You can’t really go to church and serve the Lord. No driver has it good, union or none.In March, it will be 35 years, it has lavished my body. My limbs have been shaken apart.It will break your nerves down trying to keep from running over the idiots who want to tell us how to drive.
Robert Taylor. says
To one who are still young, get out while you still have a chance. Make time to be with your significant over. This lonely life you live gives some people a short fuse. Truckers are not paid half of what they are worth.I’m quite this year, it’s time, I would rather do something else, I won’t do E-logs. If you don’t stand,you don’t stand up for something, youll fall for everything. Back quite. Robert Taylor.
Bob says
The new President sent out an exutive order today suspending all NEW REGULATIONS! I HOPE THIS PERTAINS TO ELOGS ! Company drivers beware you may have to learn how to fill out a paper log ! OMG how ironic would that be!!!!!
Brown matt says
Yea like paper log is so sophisticated then elogs right? I can fill out paper logs while driving and I highly doubt you can do that with elogs
robin says
I’ve worked for companies that use paper logs and use the QUALCOMM. IF the ELD was just to replace the paper log and that was it’s only function, great. It makes it a lot easier to calculate your hours use, how many hours you have, your miles going between state to state, etc. and that is the plus side of it.
ELD’S ARE DANGEROUS!!!
And I’ll clarify that… To start with, and we all have done this… Is what’s called racing the clock. Under the paper logs, you have a 15 minute variant whereas under ELD’s, as soon as the “clock strikes 12” you’re in violation.
This is where I feel that the system is dangerous… You can’t predict everything that happens on the road, grandma behind the wheel on a two lane road, accidents, etc. even the best plan can go bad. I ran out of hours 30 minutes away from my terminal because I blew a tire and had to park (fortunately) at a rest stop with a day.
My dispatcher had to send my relief driver in his personal vehicle so he can take the truck. You tell me how this makes it safer.
If during your 10 hour or 34 hour restart… If you have to move that truck for whatever reason, even if it is just to the other side of the parking lot… Now records you as being in violation of your HOS.
In other words, stuff happens.
Bottom line is that it’s all about control.
Brown says
Well if you are out of hours you shouldn’t be on the driver seat much less moving it one place to another. the government not telling you to record everything you do in your personal car, they are telling you to comply with the law as longest you operate the COMMERCIAL VEHICLE. Just because you own your truck does not make it less commercial vehicle.
ivo says
If OOIDA looses again,we shall all go out on Dec 1 2017 and block the f***** hwy’s until they change the f*****g law
Alissa Elrod says
Yeah
Short Circuit says
I’m with you IVO
Craig says
Eld and the 14 hr rule does the same thing in my eyes…
Forces the driver to do the max all the time just to be on time..There is no le way..Just for s#$ts and giggles…You drive that load from cali to ny state but you deliver somewhere in the city,what happens when your daily time is up and your on the gw bridge..Not like company is gonna sent out a switch driver and yes i know someone will rationalize this by saying better planning ect ect ect..
Eld and most times the 14 hr rule hurts the driver most of the time but helps government and eld related manufactures ALL the time..
Alissa Elrod says
Just a way for government to control things. I have friends on e logs and they force u to drive when you are sleepy they say. Whoever came up with that law just takes the truckin’ out of truckin’. And it was probably someone who doesn’t have a CDL. Gee thanks by the way….make everyone more miserable.