Home > Forum > ELD Logging Is Illegal Under 18 US CODE 2511

ELD logging is illegal under 18 US CODE 2511

Apr 27, 2018 at 07:12 AM CST
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1050. Scope of 18 U.S.C  2511 Prohibitions Section 2511 of Title 18 prohibits the unauthorized interception, disclosure, and use of wire, oral, or electronic communications. The prohibitions are absolute, subject only to the specific exemptions in Title III. Consequently, unless an interception is specifically authorized, it is impermissible and, assuming existence of the requisite criminal intent, in violation of 18 U.S.C. 2511. Section 2511(1)(a) is a blanket prohibition against the intentional interception, endeavor to intercept, or procurement of another person to intercept or endeavor to intercept any wire, oral, or electronic communication. Section 2511(1)(b) is applicable only to oral communications. It is less pervasive than the prohibition against the interception of oral communications contained in Section 2511(1)(a) and was included because of a question "concerning the constitutionality of Section 2511(1)(a) as it relates to oral communications."SeeS.Rep. No. 1097, 90th Cong., 2d Sess. 92 (1968);United States v. Burroughs, 564 F.2d 1111, 1115 (4th Cir. 1977). The Criminal Division recommends that Section 2511(1)(b) should be charged in cases involving interception of oral communications. However, although the interception of an oral communication may violate both 2511(1)(a) and (b), a person may be convicted of only one offense under the section.SeeS.Rep. No. 1097, 90th Cong., 2d Sess. 93 (1968). Section 2511(1)(c) and (d) of Title 18 provide additional penalties for the disclosure and use of illegally intercepted communications. The use or disclosure must be accompanied by knowledge or reason to know that the information concerned was obtained through an interception which violated 18 U.S.C. 2511(1). The knowledge element can be satisfied either when the subject has actual knowledge or when the occurrence of the element "can reasonably be foreseen."Pereira v. United States, 347 U.S. 1, 9 (1954). Section 2511(1)(e) was added as one of the miscellaneous provision in the Violent Crime Control and Law Enforcement Act of 1994. It specifically prohibits (i) intentional disclosure of the contents of a wire, oral or electronic communication, intercepted by certain authorized procedures, (ii) knowing or having reason to know that the information was obtained through interception of such a communication in connection with a criminal investigation, (iii) having obtained or received the information in connection with a criminal investigation, and (iv) with intent to improperly interfere with a duly authorized criminal investigation. Once the contents of an intercepted communication have become "public information" or "common knowledge," disclosure or use of the contents of the communication is no longer prohibited.SeeS.Rep. No. 1097, 90th Cong., 2d Sess 93 (1968).
Replied on Fri, Apr 27, 2018 at 09:48 AM CST
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America has the best politicians money can buy. And they care very little about the law, only the profits they make from selling us out. Every judge, and lawmaker in the senate belong to the bar association, as does their loyalties. That in and of it self is a clear conflict of interest, as their their allegiance is to a organization other than the constitution, or the citizens they are supposed to represent. And they are able to create a demand for their service's by passing laws, not to mention the fact that they maintain a monopoly in the market, as you cannot practice law unless your a member of the bar association ( so much for the free market). Until we stop electing lawyers, nothing will change.
Replied on Fri, Apr 27, 2018 at 10:45 AM CST
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I AM NOT A LAWYER. I don’t see how a law that applies to wire tapping someone’s phone applies to ELDs. Broad scope in this law says electronic communications so if that’s where you are going I will grant you about half a step in the right direction. That’s where it ends An ELD is an electronic recording Device not an electronic communications device Now your choice of ELD May be tied or controlled thru a device that communicates electronically (ie a smart phone a tablet or a Qualcomm type device) but that’s a mistake on your part for choosing that type of ELD. I chose one not tied to a cell phone or WiFi type device. Gets Zero outside communications other than GPS location. BTW if your driving a truck newer than a 2012 many many models are factory fitted with a GPS system for your engine telematics.
FOR THE RECORD I HAVE AN ELD AND HAVE HAD SINCE SEPTEMBER! Learning curves I believe is improving on my part. But the ELD isn’t the problem the HOS ARE THE DAMNED PROBLEM.
Replied on Fri, Apr 27, 2018 at 11:03 AM CST
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Originally Posted by: RICHARD SCHULTZ
Quote: "I AM NOT A LAWYER. I don’t see how a law that applies to wire tapping someone’s phone applies to ELDs. Broad scope in this law says electronic communications so if that’s where you are going I will grant you about half a step in the right direction. That’s where it ends An ELD is an electronic recording Device not an electronic communications device Now your choice of ELD May be tied or controlled thru a device that communicates electronically (ie a smart phone a tablet or a Qualcomm type device) but that’s a mistake on your part for choosing that type of ELD. I chose one not tied to a cell phone or WiFi type device. Gets Zero outside communications other than GPS location. BTW if your driving a truck newer than a 2012 many many models are factory fitted with a GPS system for your engine telematics. FOR THE RECORD I HAVE AN ELD AND HAVE HAD SINCE SEPTEMBER! Learning curves I believe is improving on my part. But the ELD isn’t the problem the HOS ARE THE DAMNED PROBLEM. "

ELD is a problem because it collects Data as you drive, that can be used against you in a DOT audit, or lawsuit. Nastic is defending a few companies right now that are dealing with this subject. The DOT went through all of the paperwork in their offices, and could not find any evidence of non compliance. So they pulled the data from the ELD, and Ecm, and found out how many times the drivers had exceeded the speed limit by 5 miles an hour, and then gave the carrier's fines and points for a few hundred speeding tickets............So yes the ELD is a problem, however the HOS is a problem as well, but ask yourself this, if the rates were high enough for the driver and carrier to be profitable at 8 hours of driving, would the HOS be a problem?
Replied on Fri, Apr 27, 2018 at 12:31 PM CST
Just how long have you been driving I doubt very long it?s people like you who think the government and DOT are my friends sure search my truck I have nothing to hide baa baa you?re a sheep just for the record I?ve been doing this 42 years I?ll also bet I have a better safety score than you McCord of Colorado John McCord
Replied on Fri, Apr 27, 2018 at 01:10 PM CST
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the part that pre empts that is where in the constitution of the united states it says .......CONGRESS HAS FULL CONTROL OVER INTERSTATE REGULATION ....in case you do not quite understand ....you CHOOSE BUT ARE NOT FORCED to particiapate in interstate transportation, it is a voluntary action done by you and byh doing so you agree to adhere and follow the rules and regulations set forth..... think of it as.... if i come to your house and you allow me to enter i do so under your rules correct ? if you say , no shoes and i refuse then i am expelled correct ? if you say i can only go into sertain room a=or have certain things to drink ..its your house , i either follow the rules or i leave , if you say you can come in but you have to let me hold your cell hone while you are in my house i can choose to do it and enter or refuse and leave........same with trucking ,

Replied on Sat, Apr 28, 2018 at 06:12 AM CST
25 years. And I am proud of my DOT score as well. US DOT 1367453 MC 523180
Replied on Sat, Apr 28, 2018 at 06:20 AM CST
Originally Posted by: DAVE WINTERS
Quote: "ELD is a problem because it collects Data as you drive, that can be used against you in a DOT audit, or lawsuit. Nastic is defending a few companies right now that are dealing with this subject. The DOT went through all of the paperwork in their offices, and could not find any evidence of non compliance. So they pulled the data from the ELD, and Ecm, and found out how many times the drivers had exceeded the speed limit by 5 miles an hour, and then gave the carrier's fines and points for a few hundred speeding tickets............So yes the ELD is a problem, however the HOS is a problem as well, but ask yourself this, if the rates were high enough for the driver and carrier to be profitable at 8 hours of driving, would the HOS be a problem? "

Granted I will concede there is data to be found in an office audit that couldn’t be found on paper log sheets. Speeding is a potential problem. But if they supenoaned the ECM data even under paper RODS they could have found those speeding violations. They may have just suspected it before. But before ELDs they could have asked for a subpoena for that ECM info.

As as for the rate question. You are correct if rates were high enough to support a person then no the HOS would not be a problem wich in turn it wouldn’t matter ELD or Paper RODS.
Replied on Mon, Apr 30, 2018 at 02:01 AM CST
My DOT is 666896 score twelve MC 61255
Replied on Wed, May 02, 2018 at 11:02 PM CST
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AND FOLK'S HERE LIE'S THE PROBLEM WITH TRUCKING WE LOVE TO FIGHT AMOUNG OURSELF'S AND NOT AGREE ON ANYTHING.