Court shuts down OOIDA’s case
Just a few weeks ago, a federal court shut down the OOIDA’s case against mandatory Electronic Logging Devices (ELDs).
True to their word however, OOIDA isn’t done yet. They have just requested a rehearing on their case against the mandate that they once called “absolutely the most outrageous intrusion into the rights of professional truckers imaginable.”
Since this is not the first time the DOT has tried to implement mandatory logging devices in all commercial trucks, this is not the first time OOIDA has fought back against them. In fact, it has won multiple cases against ELDs, Electronic On-Board Recorders, and E-logs by using largely the same argument – which may be why they’re a bit confused that it didn’t work this time.
“The issues we raised are really important issues,” said its Executive Vice President Todd Spencer. “It seemed like they dismissed the same issues the judges took pretty seriously just five years ago.”
According to OOIDA, it may not be the argument that’s the problem, but the judges themselves. Only three randomly selected judges out of the 13 in the 7th Circuit Court of Appeals heard the case this time. By asking for a rehearing, the Association would require all 13 judges to take part.
“It may have just been that the luck of the draw was not on our side,” said Spencer.
You can read more of our coverage on the proposed ELD rule here, here, and here, but the argument against it boils down to four major things: The rule violates trucker’s constitutional rights, it leaves drivers vulnerable to harassment, implementation would be prohibitively expensive for small carriers, and ELDs have not been proven to make drivers any safer than paper logs.
When OOIDA first filed their lawsuit against the current iteration of the ELD rule, its president and CEO Jim Johnston promised to fight the new regulation “with everything we have.” It appears OOIDA plans to do just that.
Image: Courtesy of TheTruckersReport.com