Issue link: https://read.dmtmag.com/i/62228
For the Record Court of Appeals denies OOIDA's EOBR request by MAX HEINE A federal court has denied the Owner-Operator Independent Drivers Association's request that it order the Federal Motor Carrier Safety Administration to not encour- age electronic onboard recorder use until the agency reissues rulemaking on the devices. On March 21, the U.S. Court of Appeals for the Seventh Circuit denied OOIDA's Jan. 19 motion. It asked for the court to direct FMCSA to "cease and desist from authorizing, sanctioning or in any way encourag- ing" using the EOBR to increase hours of service compliance until the agency issues a rule ensuring the devices will not be used to harass drivers. The same court ruled in favor of OOIDA last August, vacating the agency's 2010 rule that would have mandated EOBRs on all trucks used by certain noncompliant carriers. OOIDA asked the court for the order because it said FMCSA had violated the August ruling. That earlier decision was that the C M Y CM MY CY CMY Report says FMCSA should K A improve review process by JAMES JAILLET report recently released by the Government Accountability Office recommends that the Federal Motor Carrier Safety Administration expand new applicant reviews to bet- ter identify "chameleon" carriers — carriers that avoid identification by registering under a different identity. FMCSA generally agreed with the recommendations, which include expanding its current screening pro- gram using a data-driven approach and providing guidance to improve continued on page 15 Untitled-27 1 Professional truckers everywhere love the difference Howes Meaner Power Kleaner makes in their rigs. Pumped up performance and power, with better fuel economy, it's almost like cheating! ✓ Cleans tanks, lines – the whole fuel system ✓ Feel more power with less emissions ✓ 5% improvement in fuel economy – Guaranteed ✓ Enhanced lubricity for less wear ✓ Particulate filter friendly and warranty safe ✓ Removes water harmlessly agency's EOBR rule had not met statutory requirements, namely, a fed- eral regulation stipulating the FMCSA ensure these devices are not used to "harass vehicle operators." In November, the association wrote agency representatives, citing a trade publication article from the previous month. It asserted the report indi- cated FMCSA officials were pursuing HowesOverdriveS12.pdf 1 2/14/12 1:24 PM "a policy of encouraging" carriers to use EOBRs without first publishing regulations ensuring the devices are not used for harassment. The agency should "not permit or facilitate" EB- ORs as an enforcement tool until such a final rule is published, OOIDA said. The three-judge panel's order does not provide reasons for denying the motion. Performance Enhancer (Relax, this one's perfectly legal) FREE Howes Deluxe when you purchase 3 bottles of Howes Products Visit www.howeslube.com for details or call 1-800 GET HOWES Offer ends: 9/30/12, available while supplies last. Shower Bag Toiletries not included. 1-800 GET HOWES (438-4693) • www.howeslube.com Professional Grade Performance Since 1920 Circle 299 on Reader Service Card or visit truckersnews.hotims.com MAY 2012 | TRUCKERS NEWS | 13 2/14/12 1:43 PM