Tuesday, March 6, 2012 – A broader picture of driver harassment by motor carriers through electronic on-board recorders was detailed in a recent Owner-Operator Independent Drivers Association court filing with the U.S. District Court for the 7th Circuit.
The most recent filing comes in a case filed by OOIDA in late January seeking a cease-and-desist order on the current policies and practices by the Federal Motor Carrier Safety Administration to encourage the use of electronic on-board recorders.
Nearly five months after the U.S. Court of Appeals for the 7th Circuit vacated the electronic on-board recorder regulation, the agency continued allowing use of the devices. That encouragement and promotion amounts to “blatant disregard” for the court’s Aug. 26, 2011, decision, according to OOIDA’s court filing.
Judge Diane P. Wood wrote the decision for the 7th Circuit that vacated the EOBR regulation because the agency failed to address driver harassment in the rulemaking process. The harassment argument was one of three arguments presented by OOIDA – and the only one needed for the court to toss the regulation.
“Following this court’s decision, respondent FMCSA embarked on a policy of encouraging motor carriers to require drivers to use electronic monitoring devices to record their hours-of-service without taking any steps to ensure that the devices are not used to harass drivers,” OOIDA’s cease and desist motion states.
The agency persisted with this policy even following an exchange of letters between OOIDA and the agency following the court’s ruling.
In response to OOIDA’s motion for a cease and desist, the agency contends that another regulation governing automatic on-board recording devices – or AOBRDs – allows the agency to continue permitting the use of electronic on-board recorders for monitoring hours-of-service compliance.
The American Trucking Associations has now petitioned the court asking to be granted intervenor status in support of FMCSA. The court has not yet responded to ATA’s petition.
However, the ATA proceeded in filing an amicus brief in support of FMCSA.
On March 2, OOIDA petitioned for permission to respond to the ATA and included the OOIDA response brief.
In the response OOIDA filed, the Association outlined a pattern of harassment by ATA member motor carriers revealed in a survey conducted by OOIDA’s Foundation. OOIDA’s response also counters ATA’s assertion that the AOBRD regulation permits the use of electronic on-board recorders.
“ATA’s amicus brief does not address the primary basis for petitioners’ pending motion – the authority of this court to enforce its own orders or mandates,” OOIDA’s response states.
The Association states in its response that ATA is “no stranger to the problems of driver harassment.”
full story
The most recent filing comes in a case filed by OOIDA in late January seeking a cease-and-desist order on the current policies and practices by the Federal Motor Carrier Safety Administration to encourage the use of electronic on-board recorders.
Nearly five months after the U.S. Court of Appeals for the 7th Circuit vacated the electronic on-board recorder regulation, the agency continued allowing use of the devices. That encouragement and promotion amounts to “blatant disregard” for the court’s Aug. 26, 2011, decision, according to OOIDA’s court filing.
Judge Diane P. Wood wrote the decision for the 7th Circuit that vacated the EOBR regulation because the agency failed to address driver harassment in the rulemaking process. The harassment argument was one of three arguments presented by OOIDA – and the only one needed for the court to toss the regulation.
“Following this court’s decision, respondent FMCSA embarked on a policy of encouraging motor carriers to require drivers to use electronic monitoring devices to record their hours-of-service without taking any steps to ensure that the devices are not used to harass drivers,” OOIDA’s cease and desist motion states.
The agency persisted with this policy even following an exchange of letters between OOIDA and the agency following the court’s ruling.
In response to OOIDA’s motion for a cease and desist, the agency contends that another regulation governing automatic on-board recording devices – or AOBRDs – allows the agency to continue permitting the use of electronic on-board recorders for monitoring hours-of-service compliance.
The American Trucking Associations has now petitioned the court asking to be granted intervenor status in support of FMCSA. The court has not yet responded to ATA’s petition.
However, the ATA proceeded in filing an amicus brief in support of FMCSA.
On March 2, OOIDA petitioned for permission to respond to the ATA and included the OOIDA response brief.
In the response OOIDA filed, the Association outlined a pattern of harassment by ATA member motor carriers revealed in a survey conducted by OOIDA’s Foundation. OOIDA’s response also counters ATA’s assertion that the AOBRD regulation permits the use of electronic on-board recorders.
“ATA’s amicus brief does not address the primary basis for petitioners’ pending motion – the authority of this court to enforce its own orders or mandates,” OOIDA’s response states.
The Association states in its response that ATA is “no stranger to the problems of driver harassment.”
full story