OOIDA: E-logs violate Fourth Amendment rights of drivers

The Owner-Operator Independent Drivers Association is suing the Federal Motor Carrier Safety Administration over the government’s mandated use of electronic logging devices, which it claims does not advance safety and is “arbitrary and capricious.”

   New government rules requiring the use of electronic logging devices (ELDs) on all commercial trucks does not advance safety and is “arbitrary and capricious,” according to the Owner-Operator Independent Drivers Association (OOIDA).
   Under federal hours-of-service regulations, commercial truck drivers are limited in the number of hours they can work and drive daily, as well as on a weekly basis. The Federal Motor Carrier Safety Administration (FMCSA)  rule requires that truck drivers use ELDs to track their driving and non-driving activities. ELDs automatically record driving time, engine hours, vehicle movement, miles driven and location information.
   The FMCSA finalized the rule last December for all interstate commercial motor vehicles model year 2000 and newer, giving companies two years to comply.
   OOIDA in March filed a lawsuit against the FMCSA over the government’s mandated use of ELDs, arguing the regulation violates the Fourth Amendment rights of professional truck drivers against unreasonable searches and seizures.
   The association said in a statement Monday it would make these arguments in court Sept. 13 with the U.S. Court of Appeals for the 7th Circuit.
   OOIDA noted that the mandate fails to comply with a congressional statute requiring ELDs to accurately and automatically record changes in drivers’ duty status. ELDs can only track vehicle movement and must rely on drivers to manually input changes in duty status. OOIDA contends the mandated devices are no more reliable than paper logbooks for recording hours of service compliance.
   Regarding searches and seizures, OOIDA said the Supreme Court has previously found that prolonged use of a warrantless GPS tracking device on a vehicle is clearly a search within the meaning of the Fourth Amendment.
   FMSCA, on the other hand, estimates the ELD final rule will prevent an average of 26 fatalities and 562 injuries resulting from crashes involving large commercial motor vehicles on an annual basis. Large motor carriers, many of which are represented by the American Trucking Associations, support the rule because they say it creates an even playing field. Motor carriers in the past were able to potentially record inaccurate times in paper logbooks in order to run longer hours and make more money.
   At the time it was announced, the FMCSA also said use of ELDs would “result in an annual net benefit of more than $1 billion – largely by reducing the amount of required industry paperwork. It will also increase the efficiency of roadside law enforcement personnel in reviewing driver records. Strict protections are included that will protect commercial drivers from harassment.”
   OOIDA in August 2011 challenged a similar mandate in the courts, convincing the U.S. Court of Appeals for the 7th Circuit to vacate a proposed ELD rule based on the argument of harassment of drivers.
   “The agency hasn’t provided proof of their claims that this mandate would improve highway safety,” said OOIDA President and CEO Jim Johnston. “They didn’t even try to compare the safety records of trucking companies that use ELDs and those that do not. There is simply no justification for the costs, burdens and privacy infringements associated with this mandate.”