Court is in Session! — In my two decades of serving
the trucking industry, I have never seen courts
playing a more active role in the affairs of our
members. Litigation at all levels is playing a major
role clarifying issues and redefining legislative
E-Logs 99 Percent a Done Deal — The 7th
Circuit Court of Appeals ruled against the Owner-
Operator Independent Drivers Association
(OOIDA) on the issue of electronic logging devices
(ELDs). The ruling upholds the Final Rule on ELDs
that was originally published in December 2015 by
the Federal Motor Carrier Safety Administration.
This ruling means that most professional truck
drivers currently required to use paper logs to
track their hours-of-service compliance must transition
to an ELD by December 18, 2017.
While OOIDA has the option to ultimately appeal
the ruling to the United States Supreme Court, the
odds of that happening appear low.
We understand there are many carriers who have
not yet made the switch to ELDs. To assist in the
decision-making process we are developing a
resource guide. Look for that to come soon. We
also expect to have a session at our Trucking
Management Conference on April 20, 2017 focused
on the realities of working with shippers in a
world where everyone has ELDs.
No Appeal in Biodiesel Litigation — After
conferring with our co-plaintiffs, the decision
was made to not appeal the ruling in our lawsuit
against the State of Minnesota regarding the
biodiesel mandate. We appreciate the work our
members undertook to provide data and affadivits
for our effort. The board of directors will now
consider what legislative actions, if any, the organization
will undertake as we approach the 20
percent mandate in 2018.
Taking on City of Minneapolis — The MTA has
supported the lawsuit filed by the Minnesota
Chamber of Commerce on October 14 against the
city of Minneapolis.
The action, filed in Hennepin County District
Court, challenges the Minneapolis paid sick time
ordinance as unlawful on the grounds that it conflicts
with existing state law. The action also asks
a judge to prevent Minneapolis from enforcing the
ordinance (see page 12 for details).
We believe this ordinance will create tracking
and reporting nightmares for motor carriers and
create new legal liabilities. The MTA is particularly
concerned this ordinance could be interpreted to
include not only motor carriers who deliver or pick
up in the city of Minneapolis, but even those who
We are also very concerned that allowing the
Minneapolis ordinance to stand will lead to more
cities doing the same, creating a patchwork of
local laws that companies need to interpret and
obey. The city of St. Paul also has enacted a paid
sick time ordinance to take effect July 1, 2017 and
Duluth is studying the issue.
Merry Christmas — Here is wishing you a Merry
Christmas and hoping Santa judges you “nice” and
not “naughty” this season!