On June 12, 2017, the U.S. Supreme Court denied the Owner-Operator Independent Drivers Association's (OOIDA) request to take on the issue of the constitutionality of electronic logging devices (ELDs). This likely ends the legal challenges to the ELD Mandate that is scheduled to take effect on December 17, 2017. OOIDA has vowed to continue their fight against this mandate through the U.S. Congress, stating that drivers’ rights to privacy under the 4th Amendment would be violated by this mandate. While it is very difficult to determine the likelihood of the ELD Mandate being rescinded by Congress or the Executive Branch, commercial fleet operators that fall under the requirement need to understand that most large fleet operators and major industry groups such as the ATA support the mandate.
If your interstate commercial fleet will be required to use ELD’s, it is important that you have either implemented and ELD system or have a plan to do so in the near term -- the next 2-4 months. This will allow some time for a successful rollout to drivers and to correct any issues that may be associated with utilizing a new technology. If neither the Legislative nor the Executive Branches of the U.S. Government intervene to stop the mandate for some reason, it is not likely that there will be any additional grace periods for fleets that fail to move to electronic logs.
While changes in legislation may occur in the future, commercial vehicle operators should work toward compliance. Contact your HUB transportation risk management specialist to determine what additional measures you can take.