The Owner-Operator Independent Drivers Association (OOIDA) has been denied a rehearing on the ELD mandate lawsuit. The OOIDA is still planning to pursue this case and appeal to the Supreme Court, but chances are looking bleak for a variety of reasons.
In this post, we discover why that’s the case. Also, we contemplate the future of the ELD mandate and what trucking companies should do.
But first, let’s have a brief recap to revisit the full story.
OOIDA Anti-ELD Case — A Brief Recap
Earlier, in October 2016, the U.S. Court of Appeals rejected the OOIDA’s petition that the ELD mandate should be deemed null and void. The OOIDA’s main argument was that the ELD mandate violates the Fourth Amendment by violating drivers’ rights to privacy.
However, the U.S. Court of Appeals rejected the OOIDA’s claim by stating that the “ELD Mandate is not arbitrary or capricious, nor does it violate the Fourth Amendment”.
After being rejected by the U.S. Courts of Appeals, the OOIDA decided to present the case once again for rehearing in front of the full Seventh Circuit Court. However, as per latest news, the court has rejected the rehearing petition as well.
The OOIDA has shown disappointment on the most recent petition rejection. Jim Johnston, the president and CEO of OOIDA, says that they are preparing an appeal to the Supreme Court and will also continue to pursue this issue on the congressional side. According to Jim:
“It is clear now that we have to pull out all the stops to convince lawmakers and the new Trump administration of the need to set aside the ELD mandate.”
However, it is well known how difficult and tedious it can be to get a hearing in front of the Supreme Court. On average, it takes between 12 – 24 months — from the day a case was petitioned — for the Supreme Court to make a decision. Besides, the Supreme Court gets approximately 7,000 requests per year, and it only hears about 80 cases.
Other than planning to appeal to the Supreme Court, the OOIDA has also confirmed that they are planning to reach out to their members who are constituents of members of the House Freedom Caucus. The House Freedom Caucus is an organization who has recently offered the incoming government administration a list of various rules and regulations that they want to be repealed.
It does not mean, however, that the new administration will indeed repeal the ELD mandate because the ELD mandate was passed under a GOP House majority back in 2012. That’s why it is highly improbable that the ELD rule will see any change whatsoever.
What Does It Mean for Fleets and Trucking Companies?
Fleets and trucking companies should not read too much into this news.
Now that the rehearing petition has been denied, it is very unlikely that the OOIDA will have any success appealing to the Supreme Court.
Furthermore, as mentioned earlier, it is also highly improbable that the House Freedom Caucus will be able to convince the same people to reject the ELD rule that they themselves passed in the first place.
Preparation for FMCSA’s ELD Mandate
Instead of speculating about the future of ELD mandate — which is likely to stay as it is — fleets should instead focus on preparing for it.
2017 is here, and trucking companies now have less than 11 months to comply with the new ELD rule. Carriers and drivers must transition to ELDs by December 17, 2017.
Moreover, as the deadline comes closer, ELD vendors will most likely increase ELD prices and extend contract time-frames. Instead of wasting time and transitioning at the very last moment, become compliant now while there is still time and cost-saving opportunities.
Request a free ELD demo today.
Call 844-325-9230 if you have any questions.