The Owner-Operator Independent Drivers Association (OOIDA) said the U.S. Supreme Court could begin the process of deciding if it will hear the group’s challenge to the electronic logging mandate on June 8.
That is the date justices are expected to hold a conference to review petitions on pending cases. The justices potentially could announce a decision on OOIDA's petition before it adjourns for summer in June.
Rob Moseley, who heads the Transportation Industry Group at Smith Moore Leatherwood LLP in Greenville, SC, told Fleet Owner it is unlikely the Supreme Court will take the case.
“Of the 7,000 or so petitions for review, they only decide 80 or so cases a year. So regardless of the merits of the case, the numbers are against them,” Moseley said.
OOIDA’s counsel filed a petition for Writ of Certiorari with the Supreme Court on April 11. The group initially filed suit in March 2016 on numerous grounds, including that electronic logs violate the Fourth Amendment of the U.S. Constitution.
A court of appeals has rejected OOIDA’s arguments, ruling the Federal Motor Carrier Safety Administration (FMCSA) mandate can move forward as scheduled. FMCSA's final rule will require nearly all commercial drivers to use electronic logging devices to monitor hours of service.
Earlier this month, the Department of Transportation declined to file a brief with the Supreme Court regarding OOIDA’s request to the Supreme Court.