34 hr restart???
Discussion in 'Trucking Industry Regulations' started by pete1, Dec 11, 2015.
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OOIDA, law suit I hope will show that there is no need for the elogs and it don't support safer driving and is an unnecessary cost to the industry. Or postpone it awhile.
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Well, it is going to have to go pretty high up in the courts. The Congress passed legislation some time ago that mandated FMCSA to get this done. Only way to change that would be on grounds of Constitionality. That is a mighty big hurdle to get over. Since Article 1, Section 8, Clause 3 already allows for government involvement in interstate activity, gonna be a tough row to hoe getting court to grenade the ELD mandate. Keep in mind, the courts are the government also.
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One can only hope, they did it in 2012. The 7th circuit court of appeal is high enough. If they can prove it violates privacy rights of the drivers and every one on here contacts there appropriate congressman and puts pressure on them about the issue, who knows what might happen? Hell, if they can give marital rights to the gay population regardless of popular opinion, surely a simple privacy rights violation could be upheld? Right?
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If in fact the populous disagrees withe the ELD mandate. Im not so sure. Your large carriers play a huge role in the opinions on these matters.
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It doesn't have to be overturned on constitutionality, it can also be overturned based on false FMCSA statistics (reduced accidents and crashes). If the stats are false, the justification for the law is not valid.
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