SBTC DEMANDS EQUAL PROTECTION OF THE LAW FROM USDOT

From: "James Lamb" <[email protected]>

Date: Thu, Nov 21, 2019 4:03 pm

To: [email protected]

Cc: [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected], [email protected]

Subject: Truckers Deserve Equal Protection of the Law

Laurence,

Every day, another 2.4 truckers die, statistically, under NHTSA 2018 large truck occupant fatality data. It might turn out to have been even more in 2019.

That means, since I wrote the email below two more occupants lost their lives.

As you know, the Due Process Clause of the Fifth Amendment imposes various equal protection requirements on the federal government.

Drivers have the right to Equal Protection of the Law and are being denied this protection as more drivers are dying in the aftermath of the implementation of ELDs.

I can only imagine what the 2020 stats will be if FMCSA does not immediately suspend ELDs and delay the December 16th switch from AOBRDs to ELDs.

No one really knows what to expect at this point. The only responsible thing to do is pause the ELD Rule and study the unintended consequences.

If the agency does this voluntarily, it will show the industry it cares about Drivers' lives and lives up to its obligation to afford them Equal Protection of the Law.

If the ELD rule imposed on all CMV drivers causes Safe Driver A to be endangered along with the rest of the motoring public by Reckless Driver B then the ELD Rule impairs the ability of Driver A to operate his vehicle safely in violation of 49 U.S.C. §31136.

The ball is in the agency's court to do the right thing but the clock is ticking.

We can fight to compel the government to afford Equal Protection but I would much rather report to Drivers that we appealed to the agency on a human decency level and they quickly and reasonably concluded that #TruckerLivesMatter.

Sincerely,

/s/ JAMES LAMB

Executive Director

Small Business in Transportation Coalition