Texas Truck Accident Lawyer Discusses Possibility Of SCOTUS Hearing Electronic Log Device Case
Dallas, Texas, 06/26/2017 /SubmitPressRelease123/
In December 2015, the Federal Motor Carrier Safety Administration (FMCSA) issued a final rule requiring semi-trucks to switch from paper logs to electronic logging devices (ELDs).
The rule is being rolled out in stages, so not every semi-truck driver must comply right away. However, the majority of truckers must have an ELD on board by December 18, 2017.
The purpose of ELDs is to cut down on errors — intentional or otherwise — on old fashioned paper logs. Truck drivers are dangerous behind the wheel when they drive without enough sleep. ELDs, which log hours automatically through a computer system, are designed to prevent drivers and carriers from breaking federal hours of service rules.
However, the FMCSA’s rule has been challenged and now the U.S. Supreme Court must decide if it will hear the challenge.
SCOTUS May Decide Whether to Hear ELD Case Soon
After the ELD rule was passed, the Owner-Operator Independent Drivers Association filed a lawsuit against the Department of Transportation challenging the rule. Filed in a lower federal court in March 2016, the lawsuit asks the court to overturn the rule. The drivers association claims that the rule violates truckers’ Fourth Amendment right against unreasonable searches.
The lawsuit also makes a “slippery slope” argument, claiming that the introduction of electronic recording devices could open the door to intrusive monitoring in other industries.
However, the drivers association hasn’t had much luck with this argument. The U.S. Court of Appeals for the Seventh Circuit ruled in favor of the FMCSA and against the drivers association.
The U.S. Supreme Court could decide by June 8, 2017 whether it will hear the case. The Supreme Court receives around 10,000 petitions each year. If four out of the nine justices believe the case is worth hearing, the Court will take it on.
Out of all the petitions the Court receives, it only hears about 75 to 85 cases a year. If the Court believes the outcome of the case will impact the entire nation, or that the issue involved in the case is one that truly needs settling on a national level, the court will most likely take it on.
Texas Truck Wreck Lawyer Discusses ELDs
Texas truck wreck lawyer Amy Witherite states: “Electronic logging devices are already installed in thousands of semi-trucks operating on the highways today. Because ELDs start recording data any time the truck’s engine is running, they eliminate many of the hours of service violations that lead to serious and deadly accidents. The bottom line is that anything that makes semi-trucks safer is an important step forward in the quest to bring the truck accident rate down to zero.”
If you have been injured in a semi-truck accident, contact a knowledgeable Texas truck wreck lawyer today. Protect your important legal rights by working with a legal team that understands semi-truck wrecks and how to keep your life running.
Media Contact
Lucy Tiseo
Eberstein Witherite, LLP
Phone: 800-878-2597
Email: lucy.tiseo@ewlawyers.com
www.1800truckwreck.com
Connect with Eberstein Witherite on Facebook, Instagram and Twitter
Sources:
http://landlinemag.com/Story.aspx?StoryID=33433#.WSyJntzauCg
https://www.fmcsa.dot.gov/hours-service/elds/electronic-logging-devices
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