Court of Appeals Upholds ELD Rule

Kevin Anderson Regulations, Transportation

In a lengthy opinion, the 7th Circuit Court of Appeals recently upheld the legality of the Federal Motor Carrier Safety Administration’s newest electronic logging device rule. Barring an appeal to the Supreme Court, in the coming years many truck drivers will have to install these ELDs to stay on the road. The final rule was published by the FMCSA in 2015, and it immediately faced a legal challenge by the OOIDA. But this legal challenge failed, in part, because of the mandate issued by Congress in 2012 which directed the Department of Transportation to issue an ELD rule that would apply to most trucks. Despite that mandate, the petitioners in this case felt they could get a ruling in their favor. Petitioners Arguments for Overturning the Rule The petitioners in this case based their challenge on five different argument: ELDs do not record enough information automatically; the rule fails to …

ELD Lawsuit Moves to Oral Arguments

Kevin Anderson Regulations, Transportation

Another regulation from the Federal Motor Carrier Safety Administration has been enacted and another lawsuit challenging its legality has arose. This seems to be a never ending cycle where industry is pitted against the FMCSA in legal battle after legal battle. This case is over the much maligned and debated Electronic Logging Device rule. Of course this is not the first time the FMCSA has tried to pass a rule mandating electronic logs, and it is not the first time industry has challenged the legality of such a move. In 2011 the industry successfully blocked the rule, and hopes to do the same here. This case recently moved to the oral arguments stage. The oral arguments took place in front of a panel of 7th Circuit judges, Hamilton, Kanne, and Bauer. During the oral arguments, it was reported that two of the judges remained mostly silent, while Judge Hamilton peppered …

FMCSA Finds Support for ELD Rule

Kevin Anderson Regulations, Transportation

Amicus curiae, or the impartial adviser to the court, was recently filed in favor of the FMCSA’s new ELD rule. This is a way for organizations and groups outside the current litigation to show their support for either side of the case. When big impact litigations are before a court, like this one, the likelihood of attracting amicus curiae is high. The FMCSA issued the new ELD rule last year in December. It was the latest in a series of rules that the federal agency has issued causing different, negative reactions throughout the trucking industry. Of course this is not uncommon when a Washington based bureaucracy issues rules that regulate a wide swath of America’s economic driver, and as a result the agency was sued over their authority to make the rule. The agency claims that their authority to issue the rule stems from several federal statutes passed and enacted …

Litigation With FMCSA Carries On

Kevin Anderson Regulations, Transportation

The recently filed litigation with FMCSA against their new mandate that each trucker be equipped with a electronic logging device continues to heat up. The federal agency is scrambling to respond to allegations that the new ELD rule violates the Constitution, and goes beyond congressional mandates to the agency. The latest lawsuit is one of many that have been filed against the agency throughout the years. Seemingly every rule that is promulgated by the agency is soon challenged by trucking support groups, and many of those won. In fact, the group suing the FMCSA for its latest ELD rule won a similar lawsuit in 2011 that invalidated the then newly minted rule on ELDs. FMCSA Mandates ELD Use The newest rule on ELDs was issued by the FMCSA in late 2015. The rule requires most truckers to acquire and use an ELD that can sync with a truck’s engine to …