Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/723417
Logbook 16 | Overdrive | September 2016 The Owner-Operator Independent Drivers Association last month filed another brief with the federal appeals court overseeing its lawsuit against the federal rule requiring truckers to use electronic logging devices to track their duty status. In its Aug. 12 filing, the association again spells out its chief legal arguments against the U.S. Department of Transportation's De- cember 2017-effective ELD mandate. The 7th Circuit Court of Appeals is set to hear oral arguments in the case Sept. 13, when it's expected that OOIDA will detail the arguments made in its lawsuit and the Federal Motor Carrier Safety Administration will defend the rule intentions to increase hours of service compliance and the statutes set by Congress. OOIDA's 45-page filing with the 7th Circuit Court is the latest in the ongoing lawsuit brought by the association and two truckers who are asking the court to strike down the ELD mandate. The brief comes in response to a 60-page filing made in June by FMCSA, which defended its mandate against criticisms leveled by OOIDA in the association's original March- filed lawsuit. OOIDA again argues in its latest brief that the rule violates truckers' Fourth Amendment protections against illegal searches and seizures and does not meet Congress' requirements for the rule. The group also argues the mandate still opens the door for truck- ers to be harassed by their employers via the devices and does not stand up to a cost-benefit analysis. The costs associ- ated with complying with the mandate, especially for small carriers and inde- pendent truckers, heavily outweigh the benefits, OOIDA argues. In its defense of the rule filed in June, FMCSA asserted that trucking is a "pervasively regulated industry," thereby meaning truckers' Fourth Amendment rights are not at risk of being violated by the ELD mandate. – James Jaillet The U.S. Environmental Protection Agency and Department of Trans- portation on Aug. 16 issued the final draft of the next round of emissions and fuel economy standards for U.S. heavy-duty trucks. It calls for a 25 percent reduction in certain green- house gases by 2027 when compared to 2018 model-year equipment. Trucking industry groups in the wake of the rule's issuance expressed support for its goals but hesitation about greater costs likely to be associ- ated with it. EPA also proposed restrictive changes for regulations affecting glider kits that will take effect by 2021. Under the final rule, glider kits largely will be considered new trucks, meaning the engines installed in them must be emissions-compliant with the model year in which the truck is assembled. The Truck and Engine Makers Association called the rule "highly complex" and said it could "impose enormous costs" on truck makers and, consequently, buyers if it does not align with the industry's needs. The Owner-Operator Indepen- dent Drivers Association expressed concerns about technology changes and the rule's nine-year timetable for implementation. "Forcing a stan- dard that can lead to problems with reliability and maintenance ultimately has no benefits to the environment if no one wants to buy the product," OOIDA said. Truck operators are the linchpin to better fuel economy and, there- fore, lower emissions, OOIDA said. "Truckers themselves have the most influence on fuel economy by way of proper training, and so we recommend allowing OEMs to innovate on a more common-sense timetable that benefits the industry and the environment." For diesel tractor engines, the agen- cies are adopting standards for model year 2027 that will require reductions in CO2 emissions and fuel consump- tion that are 5.1 percent better than the 2017 baseline. The agencies also are adopting standards for model years 2021 and 2024, requiring reductions in CO2 emissions and fuel consumption of 1.8 to 4.2 percent better than the 2017 baseline tractors. – Overdrive Staff Groups wary of emissions regs' costs OOIDA throws last punch before ELD hearing The Owner-Operator Independent Drivers Asso- ciation argues that the rule violates truckers' Fourth Amendment protections, opens the door for their harassment by employers and places an undue cost burden on independents.