Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/771645
BY DAVID BALLARD ATTORNEY, LAW OFFICE OF DAVID G. BALLARD T he prospective impact of three recent federal appellate court cases could be significant. Unless reversed by future judicial action, the electronic logging device regulations will take effect on December 18, 2017; charge backs in section 376 leases should be based on regulatory provisions; and, non-serious violations with applicant consent may be disclosed in conjunction with a pre- employment screening. For now, the new ELD Regulations have been upheld. Owner-Operator Independent Drivers Associations, Inc. v United States Department of Transportation, No. 15-3756 (7th Cir. Oct. 31, 2016). With approximately a year within which to meet compliance, motor carriers will need to coordinate systems to facilitate communications between the office and the trucks. is change may be profound for both those carriers that utilize owner-operators and for the owner-operators themselves. While owner-operators may be contractually required to meet systems specifications, they may not be required to purchase such services from the carrier. ey should remain free to purchase the services from third party vendors. Fox v. TransAm Leasing, Inc., No. 15-3203 (10th Cir. Oct. 18, 2016). erefore, besides coordinating the equipment, leasing provisions should be reviewed for potential challenges. And consistent with the rationale to promote highway safety through hours of service compliance, the information about non-serious violations, which may be an indicator of risk factors, may be disclosed with consent of the driver-applicant. Flock v. United States Department of Transportation, No. 15-2310 (1st Cir. Oct. 21, 2016). Case Notes ELDs Under 49 USC Section 31137(a) (1) and (2), the Secretary of Transportation was required to "prescribe regulations requiring a commercial motor vehicle involved in interstate commerce and operated by a driver subject to the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, (to) be equipped with an electronic logging device to improve compliance by an operator of a vehicle with hours of service regulations prescribed by the Secretary" and to ensure "that an electronic logging device is not used to harass a vehicle operator." In short, the requirements for such electronic logging devices are: "(i) to accurately record commercial driver hours of service; (ii) to record the location of a commercial motor vehicle; (iii) to be tamper resistant; and (iv) to be synchronized to the operation of the vehicle engine or be capable of recognizing when the vehicle is being operated." See 49 USC Section 33137(b). e over arching rationale of the Court in upholding the new Regulations was that the Agency had met the policy goals endorsed by Congress within accepted legal standards and precedents and that the regulations "do not create a search regimen substantially different from what has occurred with the paper records for generations of drivers." THE OVER ARCHING RATIONALE OF THE COURT IN UPHOLDING THE NEW REGULATIONS WAS THAT THE AGENCY HAD MET THE POLICY GOALS ENDORSED BY CONGRESS..." " 16 IT MAGA ZINE V o l . 1 1 , N o . 1