The U.S. Supreme Court will hear a challenge to the electronic logging device mandate issued by the federal government. The challenge stems from a lawsuit brought against the U.S. Department of Transportation by the Owner-Operator Independent Drivers Association, which claims the mandate violates truck drivers’ constitutional rights.
The mandate, which requires all transportation companies – like Paramount Freight Systems and others – to use the ELDs in their trucks, will take effect in December 2017. As an owner operator transportation company, we at Paramount Freight Systems like to report on trends and news like this related to our industry here in our blog.
The Supreme Court was petitioned for a ruling on the ELD mandate in April by William Trescott, a driver for Swift Transportation. According to news reports, a lower appeals court denied the driver’s related motion to intervene on behalf of the association and drivers Mark Elrod and Richard Pingel against the federal DOT and the Federal Motor Carrier Safety Administration. Representatives from OOIDA have said they are not involved in this motion.
OOIDA representatives filed a lawsuit in March against the FMCSA, asking that the government’s ELD mandate be overturned because it violates drivers Fourth Amendment rights and does not improve road safety.
Trescott’s petition for a ruling is being decided in the 7th Circuit Court of Appeals. His motion, called a writ of certiorari, asks the Supreme Court to hear the case if the lower federal court rules against it. If the Supreme Court denies the motion, the lower court’s decision to deny the motion would stand.
The ELD mandate, which was entered into the Federal Registry last December, requires strict controls on drivers’ duty hours and establishes penalties for failure to comply with regulatory standards. The new mandate would also penalize carriers and shippers who coerce drivers into breaking truck safety rules. Many transportation analysts continue to have mixed feelings about the mandate.
What do you think about the ELD mandate and this latest news? If you have questions about this article, please contact us today.