Countless words have been written or spoken about the electronic logging device mandate and if this tracking technology – due to be in effect in December – should have been a choice. This jack-booted rule has been grabbing headlines, driving industry talk and aggravating drivers for several years. And it’s one that’s been in the legal cross-hairs of OOIDA for as long.
OOIDA won a round in court to stop it, but in a second battle, a federal court in Chicago decided it didn’t see the wrong in allowing the Federal Motor Carrier Safety Administration to force it on everyone. OOIDA requested for a rehearing but was denied. It seems to me it was just easier for the court to defer to the government agency rather listen to the needs and rights of the people.
It just doesn’t make sense that a federal court would agree that electronic logging devices be forced on all trucks. A simple solution to the controversy is that ELDs need to be voluntary, not a fist-smashing, no-exception decree. But that wasn’t considered here.
OOIDA is now planning to take the ELD case further – which is, of course, to ask the U.S. Supreme Court to consider hearing it. Because buried in the thousands of words is one simple one that makes the Association go on. That word is mandate. Nothing here justified a mandate. The minute ELDs become a rigid way of life for three million commercial truckers, the industry is headed down an irreversible and completely unbending path that runs afoul of the Constitution.
This suddenly becomes so much more than ELDs.