r e g u l a t i o n  l o g b o o k

ATA Sues FHWA Over Electronic Records

The American Trucking Assns. (ATA) has sued the Federal Highway Administration (FHWA) over its newly stated policy regarding access for its investigators to satellite communications records. ATA challenged the policy on the grounds that it could result in arbitrary enforcement and has never been subject to rulemaking and public comment. The FHWA policy statement was contained in an Aug. 15 memo to the agency’s regional offices. It delineated when it is permissible for safety investigators to review electronic records produced by satellite tracking systems. The policy allows safety officials to review this data when other evidence points to possible violations. The agency has said that access to the records can be a valuable tool in determining hours-of-service violations.