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Supreme Court May Review ELD Petitions, Says OOIDA

by Jake Tully – Published: 5/30/2017
[1]

According to the Owner-Operator Independent Drivers Association, the possibility of the U.S. Supreme Court hearing the organization’s challenge to the electronic logging mandate could begin shortly if they choose to review the case on June 8 of this year.
[2] June 8 is the expected date for U.S.

Supreme Court justices to review petitions that have been submitted for pending cases. Before the court’s justices adjourn in June for a summer term, the OOIDA believes[3] that there may be potential for announcing a decision in regards to their ELD petition. The OOIDA believes there may be an opportunity for the court to review the case due to a history of some rulings and the conflict found within those rulings.
[4]


“We believe that the court may review the case because of previous, conflicting rulings of lower courts,” Said Norita Taylor, Media Spokesperson for the OOIDA. “The Seventh Circuit erred in allowing warrantless searches of 3.5 million drivers, designed specifically to uncover evidence of criminal activity. In doing so, the Seventh Circuit decision splits directly with rulings by both the Fifth and Eleventh Circuit Courts.”

The counsel at the OOIDA reportedly filed a petition with the U.S Supreme Court for Writ of Certiorari on April 11 of this year. The Association reports that it originally filed suit in March 2016, stating that mandating electronic logs within commercial trucks are a violation of the Fourth Amendment of the U.S. Constitution, among other grounds that may negatively impact commercial drivers in the country.

Thus far the OOIDA has seen their arguments rejected by a court of appeals, the court ruling the electronic log mandate set by the Federal Motor Carrier Association may continue as it was initially scheduled.

The final rule by the FMCSA on this matter requires a majority of commercial drivers[5] to implement an electronic log in the truck by December 18 of this year in order to track hours of service.

It was reported earlier in May that the Department of Transportation turned down the opportunity to file a brief regarding the OOIDA’s electronic log request with The Supreme Court.

References

  1. ^ Jake Tully (truckingindustry.news)
  2. ^ Owner-Operator Independent Drivers Association (truckingindustry.news)
  3. ^ the OOIDA believes (www.ooida.com)
  4. ^ due to a history of some rulings (truckingindustry.news)
  5. ^ requires a majority of commercial drivers (truckingindustry.news)

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