By Jami Jones
OOIDA filed kickoff paperwork for a legal challenge of the electronic on-board recorder regulation.
The Association and three members filed a petition for review with the U.S. Court of Appeals for the Seventh Circuit on June 3. In addition to OOIDA, the plaintiffs include OOIDA Members William J. Culligan, Adam D. Burnett and Douglas A. Oldham.
The final rule mandates that motor carriers with a 10 percent or greater occurrence of non-compliance with HOS in a single compliance review will be subject to mandated EOBRs for two years.
“At this particular point the agency is moving ahead, with what they would call a relatively small handful of bad actors,” said OOIDA Executive Vice President Todd Spencer. “That doesn’t mean tomorrow they won’t say ‘the world’ – and it also means that Congress could do the same thing.”
The broader EOBR mandate remains on FMCSA’s radar. In a recent regulatory guidance issued on HOS supporting document requirements, FMCSA reiterated its intention to move forward by the end of the year.
In that guidance, the agency states its intention to propose that EOBRs be required for “considerably more motor carriers and drivers.”
Spencer said that before moving forward with a broader mandate, questions need to be answered. Along with invasion of privacy issues, OOIDA questions if the mandated use of EOBRs make any sense in terms of cost, regulatory burden and effectiveness on safety.
“We’re laying down a marker in the court and saying ‘show it, prove it,’ ” Spencer said. LL