Truckinginfo.com published an article on 10/24/2010 that stated the Owner-Operator Independent Drivers Association filed a petition, based on the CSA 2010 ruling that electronic on-board recorders are mandated to motor carriers that have persistent noncompliance issues with hours-of-service regulations. This ruling goes into affect June 1, 2012 that the Association (OOIDA) disagrees with.
The Owner-Operator Independent Drivers Association’s (OOIDA) argument goes like this, and I quote the article:
“The association’s core argument against mandating “black boxes” is that there is no proof the devices can accurately and automatically record a driver’s hours of service and duty status. An EOBR can only track the movements and location of a truck; it requires human interaction to record any change of duty status. “
OOIDA also made the point that the Federal Motor Vehicle Safety Administration side stepped a federal statute to make sure that the electronic onboard recorders (EOBRs) will not be utilized for vehicle operators for harrassement. This in their book is what exactly will happen.
OOIDA feels that the little “black box” placed in the cab takes away the right of the driver, which is a given right given to US Citizens in the fourth amendment. This is the right of privacy. Now here is the key to the disagreement: the cab is a person’s place of residence while on the road and a warrant must be issued to search a place of residence, whether on a foundation or on wheels. This is definitely new territory that is being ventured into.
The FMCSA has until November 4th of this year to file their reply briefs. I can’t wait to see how this one turns out.
http://www.truckinginfo.com/news/news-detail.asp?news_id=72009&news_category_id=3