The Owner-Operator Independent Drivers Association filed on June 3 for a legal challenge of the impending electronic onboard recorder regulation.
OOIDA and three members filed a petition for review with the United States Court of Appeals for the Seventh Circuit. Plaintiffs include OOIDA members William J. Culligan, Adam D. Burnett and Douglas A. Oldham.
They are contesting mandates that motor carriers with a 10 percent or greater occurrence of non-compliance with hours of service regulations in a single compliance review will face mandated use of the EOBRs for two years.
OOIDA pointed out that the Federal Motor Carrier Safety Administration intends to propose that EOBRs be required for “considerably more motor carriers and drivers.”
OOIDA said that before FMCSA or Congress implements a broader mandate, questions such as if the mandated use of electronic onboard recorders make economic sense, the regulatory burden and effectiveness on highway safety must be answered.
The EOBR rule officially went into effect June 4. The compliance deadline for the regulation is June 4, 2012.
"Until a formal regulation is established with clear guidelines and borders ...