The Owner Operator Independent Drivers Association (OOIDA) is continuing their fight against the FMCSA’s Electronic Logging Devices mandate, before it becomes law in 2017.
On August 12th, the OOIDA filed a 45-page brief with the 7th Circuit Court of Appeals clarifying its continued legal standpoint. In it, the OOIDA argues that the federal mandate is both unconstitutional and arbitrary.
The brief comes as a response to the FMCSA’s a 60-page document filed in June, arguing that truckers have a lowered expectation of privacy than the general population.
According to the OOIDA’s press release, the ELD logic is laden with problems. The FMCSA’s mandate requires that truck drivers use ELDs to track their driving and non-driving activities. The problem is, these devices can only track the movement and location of a vehicle. They do not meet the rule’s own requirements of tracking duty status. Because of this, OOIDA argues that the mandate is illogical and therefore arbitrary.
In addition, the new brief argues three main points. The first states that the ELD mandate would violate privacy guaranteed by the 4th amendment, which prohibits illegal searches and seizures. The second point explains that the mandate could create a hostile work environment in which truckers could potentially become victims of harassment. Finally, OOIDA argues that the cost of the ELD mandate outweighs its possible benefits.
The Court of Appeals will hear oral arguments in the case on September 13th. OOIDA is expected to argue the main points defended in their latest brief.
