In response to challenges from OOIDA, the FMCSA has filed a 60 page legal document that says ELDs do not violate a driver’s right to privacy in part because a driver simply doesn’t have a very high expectation of privacy while on the job.
Currently, the FMCSA says that it will require all truckers to log hours using ELDs starting on December 18, 2017.
OOIDA Challenges The Constitutionality Of ELDs In Court
OOIDA has challenged the constitutionality of these mandated ELDs, alleging that they violate driver’s Fourth Amendment’s protection against illegal search and seizure.
The FMCSA’s legal response to this allegation uses a variety of arguments, including the following:
- Truckers do not have high expectations of privacy while on the job because trucking is a highly regulated industry.
- ELDs won’t infringe on trucker privacy any more than paper logs.
- ELDs don’t violate the Fourth Amendment.
- Congress required the FMCSA to put the ELD mandate in place.
- ELDs will save 26 lives and prevent 1,844 crashes each year.
OOIDA successfully fought the FMCSA’s 2010 attempt to mandate ELDs in the 7th Circuit Court of Appeals — the same court that is overhearing the current lawsuit.
Commercial Carrier Journal