OOIDA: ELDs Are Unconstitutional

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The Owner-Operator Independent Driver’s Association (OOIDA) is taking the FMCSA to court over its mandate requiring electronic monitoring devices (ELDs) in commercial vehicles on the grounds that they do not improve safety and that they are unconstitutional.

OOIDA filed the appeal on March 29 with the 7th U.S. Circuit Court of Appeals in an attempt to halt the mandate which would require all truckers to use ELDs by 2017.

OOIDA Takes FMCSA To Task For ELD Mandate

A statement released by OOIDA declared that “there is simply no proof that the costs, burdens and privacy infringements associated with this mandate are justified.

OOIDA president Jim Johnston says that the FMSCA has never provided proof that ELDs increase highway safety: “The agency provided no proof of their claims that this mandate would improve highway safety. They didn’t even attempt to compare the safety records of trucking companies that use ELDs and those that do not.”

ELD Mandate Declared Violation Of Privacy And Fourth Amendment

Johnston also points out that ELDs are a gross invasion of privacy for truck drivers. He says, “for most truckers, a truck is not just a vehicle but is also an office and a home away from home. This mandate means monitoring the movement and activities of real people for law enforcement purposes and is an outrageous intrusion of the privacy of professional truckers.”

OOIDA’s appeal also states that the ELD mandate violates the 4th Amendment of the Constitution because it is an unwarranted search and seizure.

Finally, on a practical level, the appeal points out the fact that ELDs can only track a truck’s movement. The driver would still be responsible for reporting his duty status manually — which they say would make ELDs no more reliable than paper logs.

Sources:
Transport Topics Online
DC Velocity
OOIDAT