After the ELD rule was passed, the Owner-Operator Independent Drivers Association filed a lawsuit against the Department of Transportation challenging the rule. Filed in a lower federal court in March 2016, the lawsuit asks the court to overturn the rule. The drivers association claims that the rule violates truckers’ Fourth Amendment right against unreasonable searches.
The lawsuit also makes a “slippery slope” argument, claiming that the introduction of electronic recording devices could open the door to intrusive monitoring in other industries.
However, the drivers association hasn’t had much luck with this argument. The U.S. Court of Appeals for the Seventh Circuit ruled in favor of the FMCSA and against the drivers association.
The U.S. Supreme Court could decide by June 8, 2017 whether it will hear the case. The Supreme Court receives around 10,000 petitions each year. If four out of the nine justices believe the case is worth hearing, the Court will take it on.
Out of all the petitions the Court receives, it only hears about 75 to 85 cases a year. If the Court believes the outcome of the case will impact the entire nation, or that the issue involved in the case is one that truly needs settling on a national level, the court will most likely take it on.