Trucker Calls on Supreme Court for Help in ELD Case

Phil Cohen

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A motion is being sent to the Supreme Court regarding the electronic logging device mandate that has encompassed the trucking industry. The Supreme Court will issue a decision on May 12th whether to take on the case.

According to CCJ, a petition was filed last month by William B. Trescott, a truck driver for Swift. Trescott’s motion is to issue a writ of certiorari. To put it simply, Tescotts motion is get the Supreme Court to oversee all documents and decisions made by the 7th Circuit Court of Appeals.  If Trescott’s motion is denied, the Supreme Court has no interest in overseeing the decision.

In addition, the OOIDA filed a complaint in March against FMCSA trying to get the ELD mandate overturned. The OOIDA argues that the rule will go against the 4th amendment. If all goes well for FMCSA, the rule will take effect in December 2017.

Since the first talks of the electronic logging device last year, there has been an uproar. Many carriers are for it, many are not. Many truckers are for it, many are not. There is a big divide on whether or not this will be good for safety, or bad for privacy. Truckers argue that they will get harassment from the carriers since they will be able to see where they are at all times, and might try to coerce them to go past the allowed driving time. Carriers also see this as a problem in form of expense. The e-logs are not cheap.

On the flip side, e-logs can help keep safety concerns at bay. With the mandate, drivers must log their times and can only be on the road for an allotted amount of time. After the time is reached, they must break. FMCSA is hoping this will avoid collisions and sleepy drivers. While some truckers approve of this, others who want overtime hours see this as unfair. Carriers find the e-logs a good way to track their drivers, but don’t approve of the time limits.

We will soon find out the results of the Supreme Court writ certiorari in just two days. Is your freight company worried about the future of the e-log mandate and the trucking industry? Could this e-log mandate put a hole in your finances? We can help. We can get your business set up with fuel advances and fuel cards or any other funding you may need with invoice factoring. Contact us today to get started.

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Phil Cohen

Phil is the owner of PRN Funding and sister company Factor Finders. He has been an authority in the factoring industry for over 20 years, serving on the board of directors for several factoring associations.

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