Jump to Navigation
  • ESPAÑOL

Federal court upholds truck driver e-log rules

The many big rigs and large trucks that use California's highways are subject to a variety of federal and state safety regulations. One of the most important regulations is the requirement that drivers keep detailed logs of their operations. Such logs can be an important piece of evidence in determining the cause of a truck accident, because they show the number of hours the driver was operating a vehicle between rest stops and whether an accident may have been caused by driver fatigue.

One of the most controversial rules governing driver logs is the recently announced regulation that drivers must use electronic logging devices instead of paper logs to keep track of their operations. The Owner-Operator Independent Drivers Association filed a lawsuit in federal court to prevent the rule from taking effect, but in a recent decision the United States Court of Appeals for the Seventh Circuit rejected the drivers' arguments.

The drivers argued that the rule violated their constitutional right to privacy and made them subject to harassment by their employers. The court held that trucking is considered to be dangerous and a "pervasively regulated industry." These considerations limit the applicability of the Fourth Amendment's protection against an unreasonable search and seizure. The court found that e-logs were a reasonable regulatory method of making roads safer. The danger of owner harassment is reduced by the regulation's limitation on the kind and amount of information that drivers can be required to record.

Driver fatigue is a common cause of accidents involving over-the-road vehicles. Anyone who has been injured or who has lost a loved one in such a collision may have a claim for damages against the driver, the owner of the truck or the entity that hired the truck.

Source: Wall Street Journal, "Appeals Court Upholds Trucker E-Log Rule," Loretta Chao, Nov. 2, 2016

No Comments

Leave a comment
Comment Information
  • Consumer Attorneys California
  • Consumer Attorneys Association of Los Angeles, Attorney Member
  • Super Lawyers Rising Stars 2012
  • AVVO, Ratings, Guidance, The Right Lawyer
  • American Association for Justice, Formerly the Association of Trial Lawyers of America (ATLA)
  • Public Citizen
  • Public Justice, Americas Public Interest Law Firm
  • Pasadena Bar Association, Founded 1917
  • Multi-Million Dollar Advocates Forum
Subscribe to this blog's feed FindLaw Network

Quick Contact Form

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

FIRM HEADQUARTERS

Killackey Law Offices, APC
200 South Garfield Avenue, Suite 108
Alhambra, CA, 91801

Phone: 626-999-0735
Toll free: 800-515-2183
Fax: 626-737-6046
Alhambra Law Office Map

  • Facebook
  • Twitter
  • LinkedIn