Mandate for electronic logging devices (ELD)

Mandate for electronic logging devices (ELD)

In the era of smart phones, online banking and self-checkout kiosks, the paper logbooks truck and bus drivers keep to attest to their compliance with federal work rules are decidedly antiquated. “This automated technology not only brings logging records into the modern age, it also allows roadside safety inspectors to unmask violations of federal law that put lives at risk,” Foxx said.
On Dec. 10, 2015, The Federal Motor Carrier Safety Administration announced its final rule mandating the use of electronic logs in all 2000 and newer trucks in interstate commerce. The rule exempts short-haul drivers who use time cards. Drivers of vehicles made before 2000 can continue using paper logbooks. Carriers who already use ELDs that don’t meet the new technology requirements have until December 2019 to upgrade to compliant systems.
The following day, Dec. 11, 2015, The Owner Operator Independent Drivers Association (OOIDA) filed a Petition for Review with the U.S. Court of Appeals for the 7th Circuit. If the rule survives a legal challenge, commercial truck and bus drivers currently required to record their duty hours must start using compliant ELDs by December 2017.
“This rule has potential to have the single largest, most negative impact on the industry than anything else FMCSA has done,” OOIDA President Jim Johnston said. “We intend to fight this with all the resources we have available.”
Many drivers echoed Johnston’s point on Facebook. Ben Lujin shared: “Where exactly is the safety factor for ELDs? You can still drive too fast, tailgate, fall asleep behind the wheel, and swerve into other traffic. There’s NO safety to it.”
Another key issue OOIDA takes exception with on the final rule is a driver’s right to privacy. “While they choose to call it electronic logging systems, in reality it is an electronic monitoring system for law enforcement purposes. They can’t even do this to known criminals without a court issued warrant,” Johnston said.
Driver Josh Klausen argued the same point following the announcement of the final rule. “I never signed my Fourth Amendment right away. Driving down the road does not give them probable cause to stop me. I’m not a criminal. I’m trying to support my family and I’m getting real sick of a bunch of suits that have never been in trucks making rules that prohibit me from doing so,” Klausen shared on Facebook.
Hopefully the final rule be beneficial for both the truckers and the safety on the roads.

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