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Some Truckers Challenge Digital Logbook Mandate by Federal Government

Since the 1930s, truckers have used logbooks to record their miles and stay in compliance with regulations governing how many hours they're allowed to drive without rest. Today, many trucking companies use digital logbooks, which some big trucking companies (and many in Congress) claim help to increase highway safety. But other trucking companies are opposed to the digital logbooks, and have recently challenged a Federal Motor Carrier Safety Administration (FMCSA) rule that requires them to switch to digital logs if the companies have poor compliance records.

Because truckers are paid by the mile, and Hours of Service rules require them to take certain breaks and ensure they don't drive more than 11 hours at a time, it's been an open secret in the trucking industry that some truckers "fudge" their log books to indicate they were driving when they weren't, or weren't driving when they were. Digital logs make cheating more difficult because the logs link with GPS systems to pinpoint the truck's location.

Because violations of Hours of Service rules can lead to truck driver fatigue, in April of 2010 the FMCSA announced a rule that would require trucking companies who violate the Hours of Service rules more than 10 percent of the time to switch to digital logs. This would help to ensure drivers comply with the rules.

But the Owner-Operator Independent Drivers Association (OOIDA), which represents individual drivers and smaller trucking companies, has challenged the FMCSA's rule in federal court, saying that it allows companies to harass their employees by monitoring them on the road and encouraging them to drive further if they still have time available. They also feel that the digital logs (known as Electronic On-Board Recorders, or EOBRs) are in effect an unconstitutional search-a violation of the drivers' Fourth Amendment rights.

But digital logs have garnered widespread popularity. A bill introduced this year in Congress would have mandated electronic logs for all truckers, regardless of their safety records. Because safety on our nation's highways is important to everyone, and digital logs are seen as an excellent way to keep truckers well-rested and alert, it is likely that digital logs will be mandated for all truck drivers-regardless of their company's safety record-at some point in the future.

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