ELD rehearing appeal denied; OOIDA continues battle on another front

By Jami Jones, Land Line managing editor | 1/12/2017

There will not be a rehearing of the lawsuit brought by the Owner-Operator Independent Drivers Association before the U.S. Court of Appeals for the Seventh Circuit following the court’s denial of a motion for a rehearing on Jan. 11.

The decision denying a rehearing in front of the entire panel of judges serving on the Seventh Circuit was met with disappointment from the leadership of OOIDA, but does not end the Association’s attempts to have the rule repealed.

The denial follows a previous decision by the court in November 2016 to uphold the mandatory electronic log regulation. OOIDA filed a petition requesting an en banc review. The initial case was heard and decided by a three-judge panel of the Seventh Circuit. OOIDA was seeking to have all 12 judges of the Seventh Circuit hear the case. The denial eliminates that option.

“We find the decision very disappointing,” said OOIDA President Jim Johnston. “We are in the process of meeting with our litigation counsel to begin work on an appeal to the Supreme Court.”

Johnston said that even though the U.S. Supreme Court accepts only a small number of cases each term, with the constitutional rights of more than 3 million U.S. citizens at stake, he hopes the case will be of interest to the high court.

In addition to evaluating future options, the Association continues actively pursuing congressional relief from the electronic logging mandate in tandem with its litigation efforts. Most recently, the Association issued a Call To Action to OOIDA members whose lawmakers are part of the House Freedom Caucus.

The Freedom Caucus is a group of conservative Republican members of the U.S. House of Representatives. It was established in early 2015 with nine founding members. There are now 31 members of the caucus led by Rep. Mark Meadows, R-N.C.

In the run-up to President-elect Donald Trump taking office, the Freedom Caucus identified a list of 232 regulations it recommends for repeal. The list was presented to Trump during a meeting in late December 2016.

Among the regulations on the list are the electronic logging mandate and the proposed speed limiter regulation. OOIDA has been supportive of Meadows and the Freedom Caucus for its leadership in identifying burdensome regulations facing truck drivers.

The Thursday, Jan. 12, Call To Action urges OOIDA members living in the districts of Freedom Caucus lawmakers to contact them and encourage their continued effort to get the electronic log reg and speed limiter proposal repealed immediately.

Lawmakers who are not part of the Freedom Caucus, according to Johnston, should be contacted by OOIDA members and encouraged to support the efforts to repeal electronic logs and speed limiters.

Truckers and their families are urged to remind lawmakers that the electronic log mandate comes with an identified $2 billion compliance price tag that will present a burden on truck drivers and ultimately prove to be counterproductive to safety. Speed limiters carry an additional $524 million in compliance costs and will result in reducing highway safety, according to OOIDA.

Members of the Freedom Caucus are:

  • Mark Meadows, R.-N.C.
  • Justin Amash, R.-Mich.
  • Brian Babin, R.-Texas
  • Rod Blum, R.-Iowa
  • Dave Brat, R.-Va.
  • Jim Bridenstine, R.-Okla.
  • Mo Brooks, R.-Ala.
  • Ken Buck, R.-Colo.
  • Warren Davidson, R.-Ohio
  • Ron DeSantis, R.-Fla.
  • Scott DesJarlais, R.-Tenn.
  • Jeff Duncan, R.-S.C.
  • Trent Franks, R.-Ariz.
  • Paul Gosar, R.-Ariz.
  • Morgan Griffith, R.-Va.
  • Andy Harris, R.-Md.
  • Jody Hice, R.-Ga.
  • Jim Jordan, R.-Ohio
  • Raúl Labrador, R.-Idaho
  • Barry Loudermilk, R.-Ga.
  • Alex Mooney, R.-West Va.
  • Gary Palmer, R.-Ala.
  • Steve Pearce, R.-N.M.
  • Scott Perry, R.-Pa.
  • Ted Poe, R.-Texas
  • Bill Posey, R.-Fla.
  • Keith Rothfus, R.-Pa.
  • Mark Sanford, R.-S.C.
  • David Schweikert, R.-Ariz.
  • Randy Weber, R.-Texas
  • Ted Yoho, R.-Fla.

Truckers interested in participating in the Call To Action can verify their representative in the House by clicking here. They can also call the U.S. Capitol Switchboard at 202-224-3121 and provide the operator with your ZIP code.

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