Courts grants OOIDA extension on filing ELD reply brief

By Jami Jones, Land Line managing editor | Monday, June 20, 2016

The next round of legal arguments from the Owner-Operator Independent Drivers Association in the court battle over an electronic log mandate will now be due Aug. 12.

The Federal Motor Carrier Safety Administration issued a final rule on Dec. 10, 2015, which mandates that all model year 2000 and newer trucks be equipped with electronic logging devices by December 2017. Logging devices and automatic on-board recorders currently approved for use in tracking hours of service will be allowed for four years beyond the December 2017 deadline.

One day after FMCSA published the final rule, the Owner-Operator Independent Drivers Association filed a petition for review with the U.S. Court of Appeals for the 7th Circuit, essentially seeking to have the rule overturned. OOIDA argues the mandate does not advance safety, is arbitrary and capricious, and violates 4th Amendment rights against unreasonable searches and seizures.

On June 15, the agency filed its 58-page reply brief countering OOIDA’s legal arguments.

Two days later, citing a complex issues raised by the Federal Motor Carrier Safety Administration in its reply brief and a pending filing by the American Trucking Associations seeking to intervene in case, OOIDA asked to have the original June 29 deadline to respond extended to Aug. 12. The court granted the request for extension the same day.

In its request for a time extension, Paul Cullen Sr. of The Cullen Law Firm, OOIDA’s litigation counsel, said the Association would respond to both FMCSA’s reply brief and ATA’s motion to intervene by the Aug. 12 deadline.

Copyright © OOIDA

Comments