Audio: OOIDA v. U.S. DOT — arguments delivered in court Tuesday

| September 14, 2016

The electronic logging device mandate got its day in court Tuesday, September 13, in the Chicago-based 7th Circuit Court of Appeals. In this audio released via the court’s website, you’ll hear arguments from Paul D. Cullen Sr., arguing on behalf of the Owner-Operators Independent Drivers Association, and the Department of Justice’s Joshua Waldman, representing the U.S. Department of Transportation’s case, that will be familiar to regular readers.

Among the questions raised by OOIDA’s legal challenge to the ELD mandate that are explored:

Has the DOT ensured that information collected by ELDs aren’t used by state/federal enforcement officials for purposes not related to hours of service compliance or in civil crash litigation?

How the potential gold mine of ELD data could hurt you

How the potential gold mine of ELD data could hurt you

The precision and quantity of ELD data available after the mandate could, combined with a new safety-rating scheme, give on-site auditors an extra-effective tool for ...

Post-crash litigation: Cameras and ELD evidence

Post-crash litigation: Cameras and ELD evidence

Much of the monitoring equipment that many larger carriers are investing in -- from cameras to ELDs -- also gives them a critical edge in ...

Has the FMCSA conformed to the requirement in the Congressional statute that ELDs “automatically” record hours and changes in duty status?

Why 'automatic' may or may not mean 'automatic' when it comes to ELDs

Why ‘automatic’ may or may not mean ‘automatic’ when it comes to ELDs

In OOIDA's case against the ELD mandate, it argues FMCSA has not conformed to Congressional statute requiring ELDs because it didn't require devices that 'automatically' ...

Are privacy intrusions a violation of the Fourth Amendment to the Constitution of the United States? 

ELDs and privacy: Will requirement to track truckers derail DOT mandate?

ELDs and privacy: Will requirement to track truckers derail DOT mandate?

The legal challenge against the DOT's electronic logging device mandate centers on the rule's requirement to track truckers within a one-mile radius while on duty, ...

FMCSA on ELDs: Longtime ‘government supervision’ of trucking justifies privacy intrusion

FMCSA on ELDs: Longtime ‘government supervision’ of trucking justifies privacy intrusion

Relative to ELDs potential to infringe on truckers’ privacy, FMCSA argues that’s simply part of being a truck driver. Trucking has a “‘long tradition of ...

And more, including some discussion of whether “Chevron deference” to FMCSA’s efforts to deal with the issue of ELDs’ potential use to harass drivers is warranted. The harassment issue was the reason the previous limited mandate for electronic logs was vacated after OOIDA’s prior challenge. Hear audio of the 40-minute session from the court above and at the top of the Trucking Business playlist below.

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