LEGAL UPDATE: 7th Circuit Upholds ELD Mandate

On October 31, the U.S. Court of Appeals for the 7th Circuit denied the Owner-Operator Independent Drivers Association’s lawsuit seeking to overturn the electronic logging device mandate. This decision serves to further confirm that the seemingly inevitable mandate will remain on course to take effect on December 10, 2017. In denying OOIDA’s claim, the Court rejected both of arguments that the rule is a harassment tool that violates truckers’ Fourth Amendment rights as well as that the rule does not meet Congress’ standards for a mandate. In its decision, the 7th Circuit asserted that the ELD mandate was sufficient to pass a three-part reasonableness test. First, the Court determined that due to the inherent public safety concerns in the trucking industry, the government has a substantial interest in passing the mandate. Second, the Court determined that the warrantless searches allowed by the mandate are necessary to further the government’s regulatory scheme. Third, the Court clarified that the mandate provides a constitutionally adequate substitution for a warrant. The American Trucking Associations, which has supported the rule since its inception, has publicly expressed approval of the 7th Circuit’s ruling, while OOIDA is still mulling the possibility of an appeal. Should OOIDA decide to challenge the 7th Circuit’s decision, it will need to appeal to the U.S. Supreme Court, which would have the final say in the matter. If you have any questions regarding the 7th Circuit’s opinion or the ELD mandate, please contact Steve Setliff at (804) 377-1261