TC_08-17_OnlinEdition

that had serious HOS compliance issues, but
not all trucks were subject to HOS tracking requirements.
It was eventually vacated over concerns
that carriers could misuse the devices to harass
truck drivers – something the new ELD
requirements must address.”
According to the FMCSA’s site, the new
mandate impacts the following groups:
Carriers and Drivers
who are subject
to the rule must install
and use ELDs
by the appropriate
deadline:
The deadline for all motor carriers and
drivers to begin using ELDs is December
17, 2017, according to a mandate passed
down by the FMCSA.
• Carriers and drivers who are using paper
logs or logging software must transition to
ELDs no later than December 18, 2017.
• Carriers and drivers who use AOBRDS
prior to the compliance date must transition
to ELDs no later than December 16,
2019.
Enforcement Partners must understand
enforcement and compliance procedures
during each implementation phase, and which
regulatory guidance applies to each.
ELD Manufacturers must conform to ELD
technical specifications, certify their ELDs,
and register them with FMCSA.
Those Who Oppose
ELDs installed in commercial motor vehicles
are able to monitor and record all sorts
of data about the vehicle and its driver. For
this reason, some have mounted an opposition
campaign to
the FMCSA’s ELD
mandate. Specifically,
in 2015,
the Owner-Operator
Independent
Drivers Association
requested
that the Supreme
Court investigate
the constitutionality
of electronic logging
devices. OOIDA hoped to secure a ruling
on whether the ELD rule violates the Fourth
Amendment by failing to establish a regulatory
structure at the state and federal levels
that serves as a substitute for a warrant. Additionally,
they wanted the Court to rule on the
issue of protecting driver privacy that would
be raised by the use of ELDs in trucks.
"The mandate is the equivalent of warrantless
surveillance of truckers and it violates
their Fourth Amendment rights. That intrusion
on the rights of hard-working Americans cannot
be justified. The mandate will not improve
safety. It will, however, be another costly
regulatory burden heaped upon an already
over-regulated industry," said reps from the
OOIDA.
Unfortunately, on June 12, the Supreme
Court denied OOIDA’s petition, meaning it will
not hold hearings on whether the regulation
46 TRUCKER’S CONNECTION www.TruckersConnection.com