The Electronic Logging Device mandate survived another challenge from the Owner-Operator Independent Drivers Association. This is another setback in the OOIDA’s attempt to overturn the ELD mandate, although there are plans to appeal the decision by requesting a hearing before the U.S. Supreme Court. In 2012, Congress wrote the ELD mandate in as part of the Moving Ahead for Progress in the 21st Century Act, or MAP-21. The appellate court decision states that, “Requiring ELDs was not left to the discretion of the agency (FMCSA); Congress mandated it”.
Shippers are concerned that the ELD mandate could have an adverse impact on capacity as drivers quit or are forced out when the rule becomes effective December 18th of this year. Shipping costs are likely to increase, while under-utilization of trucks and reduced driver capacity will almost certainly cause costly shipping disruptions and delays.
ELD equipment purchases are being delayed by drivers and trucking companies, with the hope that the mandate is stopped or overturned. Meanwhile, the clock is ticking with expensive ELD equipment purchases looming over a last-minute dash for compliance, should attempts to overturn or stop the mandate fail. While there is hope that the Trump administration will stop or delay the mandate, it is unclear what action the administration will actually take. With so much uncertainty, it may be wise to set up a rainy day fund just in case the ELD mandate survives all legal challenges before it goes into effect in December.