CCJ

December 2016

Fleet Management News & Business Info | Commercial Carrier Journal

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LEADING NEWS, TRUCKING MARKET CONDITIONS AND INDUSTRY ANALYSIS Drug and alcohol clearinghouse rule moves closer to publication A rule to establish a drug and alcohol clearinghouse for commercial driver's license hold- ers had cleared its last regulatory hurdle and was scheduled for pub- lication as CCJ went to press. The CDL Drug and Alcohol Clearinghouse rule would establish a database of CDL holders who have failed or refused to take a drug test. The final version of the rule cleared the White House's Office of Management and Budget on Oct. 31. In its latest rulemaking update, the U.S. Department of Transportation had estimated the final rule would be published in the Federal Register on Nov. 23, but that date was subject to change. According to the preliminary proposed version of the rule, the clearinghouse would require car - riers to submit positive drug tests and refusals to the database, and owner-operators also would have to report the consortium or third- party drug test administrator they use and authorize it to submit the information to the database. OMB gave the rule a "consistent with change" evaluation, which meant the final rule was cleared for publication with changes rec - ommended by the office. Those recommendations have not been made public, and the rule's final text won't be known until it's pub - lished in the Federal Register. – Matt Cole OOIDA to ask for new ELD hearing T he Owner-Operator Independent Drivers Association said last month that it intends to file a motion asking the court that heard its lawsuit against the U.S. Department of Transportation's electronic logging device mandate to rehear its case. OOIDA Executive Vice President Todd Spencer said the request for a rehearing will be made to the 7th Circuit Court of Appeals following the court's Oct. 31-issued decision to uphold the mandate. Three of the 7th Circuit's 13 judges heard the case, and they were assigned randomly, Spencer said. A rehearing would draw the full 7th Circuit bench to the case, if OOIDA's motion is granted, and would allow the owner-operator advocacy group to again state its arguments against the mandate. "It may have just been that the luck of the draw was not on our side," Spencer said. "The issues we raised are really important issues. It seemed like they dismissed the same issues the judges took pretty seriously just five years ago," he said, referring to the 7th Circuit's decision to vacate the Federal Motor Carrier Safety Administration's 2010-issued rule to mandate electronic logs. The ELD rule, OOIDA argues, violates truckers' Fourth Amendment rights, promotes harassment of truckers by their carriers, doesn't comply with Congress' directives and is more costly than beneficial. The judges that overhead and ruled on the case dismissed those arguments. If the 7 th Circuit denies OOIDA's request for a rehearing en banc, the association likely will appeal to the U.S. Supreme Court, Spencer said. The ELD mandate was made final by FMCSA last December. It will require nearly all drivers using paper logs to switch to an ELD by Dec. 18, 2017, save for those operating pre- 2000 model-year trucks or running certain short-haul routes. OOIDA filed its suit against the rule in March. Oral arguments were heard in Chicago on Sept. 13. The American Trucking Associations applauded the 7th Circuit's Oct. 31 decision. "ATA is pleased that the court has cleared the way for this important regulation, and we look for- ward to its implementation," said Sean McNally, ATA vice president of public affairs. The Truckload Carriers Association also voiced its support for the court's ruling and said the mandate will help ensure hours-of-service com- pliance by all carriers. "Our members are rather proactive, and having the court back them and their ELD efforts is a good thing," said David Heller, TCA vice president of governmental affairs. "The court ruling goes a long way toward leveling the playing field and making sure all carriers are abiding by hours-of-service regulations." – James Jaillet Scan the QR code with your smartphone or visit ccjdigital.com/ news/subscribe-to- newsletters to sign up for the CCJ Daily Report, a daily e-mail newslet- ter filled with news, analysis, blogs and market condition articles. commercial carrier journal | december 2016 11 OOIDA was unable to convince the court of its arguments that the rule violates truckers' rights to privacy.

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