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ELECTRONIC LOGGING DEVICES TWO STEPS FORWARD, ONE STEP BACK MARC TUCKER | marc.tucker@smithmoorelaw.com On December 11, 2015, the day after the Federal Motor Carrier Safety Administration (“FMCSA”) published its final rule mandating the implementation of electronic logging
devices
Independent
(“ELDs”),
Drivers
the
Association,
Owner-Operator Inc.,
(“OOIDA”)
challenged in court the FMCSA and its implementation of the ELD rule. One year from the rule’s December 2017 effective date, the 7th Circuit Court of Appeals has rejected OOIDA’s challenge and cleared the way for implementation. However, just when it appears that all roadblocks have been removed and the path towards implementation is clear, questions still linger. On October 31, 2016, the 7th Circuit denied OOIDA’s
request and upheld the final rule mandating the implementation of ELDs. Owner-Operator Independent Drivers Association, Inc. Mark Elrod, and Richard Pingel, Petitioners, V. United States Department Of Transportation, 2016 WL 6407405 (7th Circuit Oct. 31, 2016). In its challenge, OOIDA made five arguments against implementation: (1) the rule allows for ELDs that are not entirely automatic; (2) the FMCSA’s definition of “harassment” is too narrow; (3) the FMCSA’s cost-benefit analysis fails to justify implementation; (4) FMCSA did not sufficiently consider privacy protections for drivers; and, (5) the ELD mandate imposes an unconstitutional search and/or seizure on drivers.
Id. at 1. The 7th
Circuit rejected each of these arguments noting that: (1) Congress did not intend to require constant surveillance
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