More Confusion over ELD Rule Outlined in Letter to States’ Attorneys General

Washington, DC – On December 7, 2017, The Cullen Law Firm, PLLC, prepared and sent a letter to all state attorneys general on behalf of the Owner-Operator Independent Drivers Association, Inc., describing several important issues that must be considered before the Electronic Logging Device (ELD) mandate can be effectively rolled out.  Under the terms of the ELD rules, the mandate is intended to go into effect on December 18, 2017.

This letter and attached memorandum review several issues, including:

  1. Which ELD responsibilities do the rules assign to a driver and which are assigned to the motor carrier?
  2. Do the rules authorize enforcement officials to place a driver out of service for not using an ELD?
  3. What parts of a CMV must be made pre-2000 to be eligible for one of the ELD exemptions?
  4. Have the states established rules or laws to protect the privacy and confidentiality of ELD data?

Even though the Federal Motor Carrier Safety Administration promulgates the federal motor carrier safety rules (“FMCSRs”), state officials enforce their own state’s laws and when they perform roadside inspections of trucks and issue violations.  States do not have authority to enforce federal motor carrier safety law.  Therefore, FMCSA offers each state significant funding in exchange for a state adopting into state law and enforcing the equivalent of the FMCSRs.   Each state’s law enforcement officials have independent responsibility to enforce their state’s laws fairly, accurately, and in accordance with their state’s other laws and constitution.

An example of one of the letters and attached memoranda can be found here.

CONTACT:   Paul D. Cullen Jr.

The Cullen Law Firm PLLC


Category: Motor Carrier Rulemaking