Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/778830
16 | Overdrive | February 2017 Logbook The Owner-Operator Independent Drivers Association said it plans to appeal to the U.S. Supreme Court the most recent decision uphold- ing the electronic logging device mandate. A three-judge panel for the U.S. 7th Circuit Court of Appeals last month denied OOIDA's request for the court to rehear its case against the U.S. Department of Transpor- tation's ELD mandate. The own- er-operator advocacy group sought a rehearing by all 12 judges on the 7th Circuit. Three of the 12 judges initially heard OOIDA's case last September and issued a ruling in late October upholding the ELD mandate. In the suit, OOIDA argued the rule violates truckers' Fourth Amendment rights to privacy and does not meet Congress' stipulations. The 7th Circuit judges that heard the case disagreed, however, dismiss- ing all of OOIDA's arguments and upholding the rule's compliance date of Dec. 18. – James Jaillet Among President Trump's first execu- tive orders were directives to freeze all new regulations and reduce the bur- den placed on individuals and various entities by the Affordable Care Act. It's unclear whether the freeze on regulations, pending further review by Trump and his team, will affect pend- ing and future trucking regulations. The administration's memo, circulat- ed by Trump's Chief of Staff Reince Priebus, allows for regulations related to "health, safety, financial or national security matters" to continue. A spokesperson for the Federal Motor Carrier Safety Administration said the impact of Priebus' memo is "being assessed." Lane Kidd, director for the Truck- ing Alliance, a coalition of major carriers, said such memos are stan- dard procedures for new presidential administrations. Kidd said barring further action, the electronic logging device mandate does not fall under the order because it's already law and backed by a congressional mandate. The same can be said of the recently published rule to establish a commer- cial driver's license Drug and Alcohol Clearinghouse, he said. It's less clear how the new rule set- ting training standards for new truck drivers would be affected because of its effective date, Feb. 6. Also uncertain was how the Obamacare order will affect drivers and carriers. The ACA burdens to be relieved included those placed on "any State," according to the order. Likewise, any "cost, fee, tax, penalty or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of health- care services, purchasers of health insurance" and others. Some saw the broad nature of the directive as little more than sym- bolic, signaling the importance the president attached to repealing and replacing ACA. In the view of others hopeful for swift change to elements of ACA, the directive was thought to be potentially more consequential. Near-term agency action could include revision of guidances that un- derpin the law's implementation. One potential revision floated by commen- tators would be the qualifications for a so-called "hardship exemption" from the individual mandate to carry health insurance. Loosen those qualifications, and more individuals could avoid the tax penalty for not carrying insurance. – James Jaillet and Todd Dills Trump orders target regs, Obamacare OOIDA plans Supreme Court ELD appeal A MEDICAL EXAMINER accused of issuing thou- sands of fraudulent medical certifications to truck drivers was indicted and pleaded not guilty. The Federal Motor Carrier Safety Administra- tion said 6,000 drivers who received certification from Dr. Anthony Lefteris, who operated out of an Atlanta Petro truck stop, will need to see a new doctor and receive fresh certifications. VOLVO RECALLED 6,271 trucks manufactured between April 11, 2012, and Sept. 30, 2016, because the electric air dryers on certain 2013-17 VNL, VNM and VNX models could cause oil and water to con- taminate the brake system, affecting braking performance in cold weather. An order to freeze new regulations wouldn't affect the electronic logging device mandate because it's already law, said Lane Kidd of the Trucking Alliance carrier group.