ELD Speed Violations

And when I pull a report it shows every speeding incident and the duration. Same thing they can see in an audit.

 

My new job is starting the same kind of thing with the Verizon ELD.

My question is this: Can the "speed-monitoring" routines of these ELDs stand up in court?

For example, would your ELD speed be useful to prove you innocent? If it can't be used for that, then don't dare to pronounce me guilty either.

I can think of a few things that would challenge the accuracy of it...

 

This is a very good question.

I don't think the current accuracy of the GPS device is something that can be used in a courtroom as submissible evidence.

In Pennsylvania it must be an approved speed measurement device , with records of required calibration.

Or... you must have substantial articulable evidence to prove that it is a high accuracy measurement device..... and even so that could be challenged for dismissal.



I think with the right lawyer if one of these ELD devices was used for a speed termination, it could open the door to a wrongful termination suit that could have a very good chance of being won.
Several ways this could happen...

The easiest would be subpoena the records and find a stack of errors proving the device unreliable as evidence for termination..... same concept could be used to battle the FMCSA against fines and violations that they write based on the device data.

Lawyers are generally money-driven , so it would have to be the right scenario for them to take on the case.

 

They are accusing of something that you did not do and you want to continue working for them????? Wooh man!

 

Agreed but I don't know about the getting screwed part, it's his decision... Stay or go.

If he's going to live by their authority and their rules he should know what the rules are...

I don't allow speeding on my authority either , so if they were doing it here , they would get terminated.

If he wants to speed he can set his own policy with {his own authority} and also live with the results of those policies.

 

No, not me, but I did get a false hard brake event. No consequences though.