OOIDA vs. FMCSA - Truckers vs. DOT

OOIDA vs. FMCSA – Is This The Biggest Legal Battle In Trucking History?

Trucking Industry Main Event: OOIDA vs. FMCSA

For years, the FMCSA has contended that truck drivers should no longer be able to manually enter their own hours of service and duty status into their daily driving logs, and instead, that an electronic device automatically captures this data every time that trucker steps foot inside of his or her commercial motor vehicle. While this may sound like the perfect solution for a manager supervising efficiency, this ‘additionally pervasive regulation’ poses serious questions and conflicts of interest with respect to an individual’s privacy rights, their exposure to workplace harassment, and a sobering vagueness relating to constitutional Fourth Amendment enforcement of search and seizure laws.

Electronic Logging DeviceAs a result, oral arguments are set to be heard on September 13th in the United States Court of Appeals for the Seventh Circuit in support of a Petitioner’s Brief that has been filed by a prominent Washington D.C. law firm on behalf of the OOIDA and its approximate 157,000 members. To be sure, lawyers for the OOIDA will remind the panel of three judges that it was only five years ago when this very same court struck down a previous effort by the FMCSA to advance their proposed “ELD” law 49 U.S.C. 31137 toward final approval. And even though Congress has directed the Secretary of Transportation to prescribe these new electronic regulations, the FMCSA has yet to successfully execute that federal mandate.

…this ‘additionally pervasive regulation’ poses serious questions and conflicts of interest with respect to an individual’s privacy rights…

What Happens If A Law Is Enacted Requiring Live Recording Of Location And Activity Of All Commercial Truck Drivers 24/7?

Put yourself in their shoes. From now on, what if every time you got into a vehicle and turned the ignition key a facial recognition dash cam recorder turned on? And then a screen gave you a drop down menu from which you were to pick whether you are working, having personal time, or resting. No big deal, right? Productivity and safety first!

We The PeopleBut what happens when you choose “on-duty,” you’re driving down the road, then a sudden family emergency arises, you’re trying to handle it, but then you get pulled over by an officer because your route and stress levels were showing up as irregular. And then while he’s questioning you on whether you’re still “on-duty” or “enjoying personal conveyance,” your boss calls and asks you why you “stopped driving” and “what’s going on?” And then you receive an alert that this entire event will stay on your permanent driving record. Oh, how did it all go so wrong?!

It’s what some refer to as a “Brave New World” where “Big Brother” is always looking over your shoulder. Is that a genuine concern, or are some people just being paranoid? You are welcome to download and read the entire OOIDA vs. FMCSA Petitioner’s Brief HERE. It’s a 69-page legal document outlining the case background, previous case law, legal arguments, and some of the serious consequences at stake. After all, there is no question that new laws of this caliber have great potential to infringe upon individuals. The question is: how far are we willing to let them go in the name of safety and efficiency?

It’s what some refer to as a “Brave New World” where “Big Brother” is always looking over your shoulder.

For more information, you can visit the OOIDA Foundation website or OOIDA.com and please feel free to leave a comment below and let us know what you think. Thanks, and keep on trucking.

– Super Jay

10.17.18 UPDATE: we have some new posts related to the ELD and car hauling industry for car haulers that are still new owner operators, dispatchers or fleet drivers. Check it out!

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19 Comments on "OOIDA vs. FMCSA – Is This The Biggest Legal Battle In Trucking History?"

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Doug Collins
Guest

Although OOIDA’s perseverance has kept the feds and other nefarious organizations at bay four years, the control freaks never quit. They erode our freedoms at every chance.
At some point, something’s got to give.
I can tell you, if OOIDA and the other freedom fighters fail and the feds move forward with this invasive ruling, I won’t be the only 27 year veteran leaving trucking for good.
After decades of safe service all I’m rewarded with is more regulations.
This industry is no longer even close to carrot and stick methodology.
The carrot is gone and the stick is bigger.

Rickey Gooch
Guest

That is about the size of it my friend!
Justice for Truckers
Rickey Gooch

Phil Lucas
Guest

This law is to also enforce slave labor when you will eat, sleep, use the bathroom large companies love it.

Barry Flewellyn
Guest
I have driven truck professionally for 40 years, been in trucks since I was 5 years old with my Dad[my Trainer], and never have I had any accidents. I have seen more regulations shoved down our throats than any 10 industries should have, this is where I draw the line. If this becomes law, regretfully, I will be done driving. This regulation puts the driver under more stress than ever, and the majority of truck accidents are from companies already on ELD. If you want safe trucks, the solution is pretty simple, raise the rates where we have the money… Read more »
Dave
Guest
If this passes, we allowed it, a trucker strike would be our next option, immediately following the decision in moments, if against the drivers O/O, ,no matter where your at, park it !!! We must stand together, the way we are disrespected, and looked down upon, cut off on the highway, and we automatically get blamed, if there were any accident, government does not support us by forcing oil companies to have an affordable fuel rate for transportation company’s, PARK IT, yes it will affect us , but not for long, and maybe we’ll get paid what were worth and… Read more »
jim wilson
Guest

went thru 3 truck strikes in the 80’s. never again all I did was lose money while other truckers hauled my loads. I have balls but have not lost my brains a strike will never succeed.

Dan
Guest

I run older equipment so at this time I will be exempt. What the feds are trying to do is wrong on so many levels. I will always back ooida. They (ooida) have done nothing for me but great things. Truck drivers across the country need to ban together and fight this potential law.

Hey Jay
Guest

We older street warriors can hardly get a grip of all the new regs. ???
1976 – 2016 Retirement may come early unless, of course, things stay the way they are for now. I can see it now “forced retirement, pull over there with your rocking chair “.

Jon B. Quick
Guest
I own my operation authority. I own my truck. I own my trailer. I will also own the ELD. Most importantly I will also own the keys to the ELD. This the FMCSA can do nothing about. I am the owner. I am the driver. I am the Safety Director. Most of all, I will do what I need to do the earn money for my family and I will do it safely, as I have been doing so for years. I will have the keys to the ELD and will be able to fix problems just like any other… Read more »
Carl
Guest

I believe the Major carriers are behind this as you don’t see any of them walking into the court house with there team of lawyers screaming NO.

Rickey Gooch
Guest

I think the major carriers are all for electronic recorders! That is what they tell me anyway.

John Cabeen
Guest

They have to be for it. If they weren’t they would be out of business due to log book citations. You can’t teach the new breed driver how to fill out a log book.

Jim Everson
Guest

The government is practicing on truck drivers. One step closer to them being able to spy on everyone. Communism in baby steps.

Greg glenn
Guest
All this new law is going to do is put everyone at a higher risk factor for more accidents keeping the driver behind the wheel for ten &half hours a day because the computers in the trucks keep counting we don’t have enough time to get out stretch our legs were afraid of running out of hours not getting our job done all though cars and campers can drive for hours and hours putting yours and my family at risk we are working getting the supplies and demand to the people and the law maker’s it’s sort of condescending don’t… Read more »
Donnie Hadden
Guest
Almost all of these new regulations are credited to the intense lobbying of the ATA, whose member carriers have already proven the changes do nothing to improve public safety. Look at the insurance regulations and you’ll find that if a company has a certain value of assets they may self insure. If they self insure and have a high number of violation and/or accidents, they must demonstrate to FMSCA programs implemented to improve safety at their organization. These large carriers self implemented the speed limiter, eld’s, 34 hour restart, and other plans because no matter what they do, their safety… Read more »
Garry
Guest

I retired a year and a half ago just because of this kind of s+++! Driving for a large carrier they implemented new technology that took control of the truck out of my hands, without any over ride! As a 40 year veteran I tried to show some flaws in the system but was labeled a trouble maker. They simply had too much invested in the new technology to fail. This is about totalitarianism, the total control of “free” people. If allowed, it will not stop with truck drivers!!! YOU are next for government control.

Robert Bradley
Guest
I hope the ED get’s shoot out of the water. It’s about control and think the stupid 14 hr rule gets tossed out the window too. That’s the unsafe st thing as it forces the driver to run 14 hrs and racing the clock. It’s not about safety,it’s about control and ruining the industry which at one point was enjoyable to do your job. People don’t realize trucks move America and without us this country stops. Let’s all stand together take back this industry back and stop letting the government take our freedom, let’s stop letting these brokers keep our… Read more »
"Airwolf"
Guest
I don’t believe the law makers of this country have a clue what they are doing because of the darkness of their “power and corruption” glasses. They pass and enforce laws that they have NO idea of the consequences. I believe I am safe in saying 99.9% off them have NEVER been behind the wheel for a week, and have ANY idea of the skill it takes to drive a truck professionally these days. We are humans, NOT robots. The trucks are mechanical pieces that ware out, and yes, we must maintain them regularly to be safe, but there’s NO… Read more »
Frank rizzo
Guest

Elogs are dangerous period. I had a good run as a driver but I’m making preperations to start over in another business. Fuck you fmcsa, I hope you have to leave your job, be poked prodded, fined and woken up by uniformed men constantly in the middle of the night, be drug tested regularly, live in a confined space, fed fast food most of your 70 hour work week, and be under threat of losing your career and everything youve worked for based on a doctors opinion and a unregulated dac ument. Motherfuckers. Burn in hell.