An opinion by the U.S. Court of Appeals for the Seventh Circuit in response to a lawsuit filed by the Owner Operators Independent Drivers Association (OOIDA) against the mandate for Electronic Onboard Recorders (EOBR’s) has effectively vacated the regulation for now based on the argument of “driver harassment” and sent it back to the FMCSA for reconsideration and a possible rewrite.
This is a major victory for US truckers who have fought against the implementation of this regulation. However, the fight continues as two Senators, Lamar Alexander and David Prior have a bill pending before Congress which would make this requirement law.
“It’s a fantastic decision,” OOIDA President Jim Johnston said. “The decision dealt with the issue of harassment of drivers, but the court left room to come back and challenge other aspects if the agency gets overly enthusiastic about how they want to monitor truckers.”
OOIDA had presented three arguments as to why the regulation should be set aside, but Circuit Judge Diane Wood, stated that the court “need address only the first issue” of driver harassment.
Judge Wood’s opinion stated; “that if an agency “fails to consider a factor mandated by its organic statues, this omission is alone ‘sufficient to establish an arbitrary-and-capricious decision requiring vacatur of the rule.”
You can read more about the ruling at LANDLINEMAG.
This is what OOIDA was established to do and they have our full support in their endeavors such as this. Wasting time and money fighting the Mexican cross border program, a cause the United States is morally and legally obligated to comply with is not only a waste of resources by OOIDA but does severe damage to their credibility as an association supporting truckers because of the methods they have employed in the past and continue to use.
But congratulations to all who was responsible for this win. It gives all of us a little extra breathing room from the nanny regs that FMCSA seems determined to shove down our throats.