Last December, the Owner-Operator Independent Drivers Association, filed a petition for having its case opposing DOT’s rule regarding ELD Mandate reheard. The association asked the 7th Circuit to analyze their reasons, with the objective of having a new decision from the judges.
In 2016, OOIDA presented a lawsuit against the use of electronic logging devices, but the judges rejected their arguments and decided to uphold the mandate.
In the rehearing motion, OOIDA kept their original arguments based on the fact that the rule could invade the privacy of the drivers, because those devices can track the location of truckers, during work or even on their breaks/off-duty time.
OOIDA considers that having access to personal and confidential information violates drivers’ Fourth Amendment right to protection and privacy, something impossible to justify. The association also pleads that the DOT’s rule does not assure that the data from each truckers’ ELD will be kept as confidential.
On the other side, last August, FMSCA stated that the ELD rule matches perfectly with a highly regulated industry such transportation, and will get greater support to hours of service rules and reduce the number of crashes involving trucks.
Todd Spencer, Executive VP of OOIDA, said if the rehearing is rejected, the group will probably appeal to the U.S. Supreme Court.