EOBR FINAL RULE MOVES CLOSER TO PUBLICATION
A highly anticipated electronic onboard recorder (EOBR) rulemaking has moved another step closer to finality. The White House Office of Management and Budget (OMB) recently finished its review of the rule and has returned it to the Department of Transportation (DOT). The final EOBR rule is expected to be published in the Federal Register by the end of March.
If publication comes soon enough, the Federal Motor Carrier Safety Administration (FMCSA) would be able to discuss the new rule at its fifth Hours of Service (HOS) listening session on March 26 at the Mid-America Trucking Show (MATS) in Louisville, Ky.
Although details are not yet available, motor carriers who demonstrated a history of serious noncompliance with the HOS rules and other safety issues would be subject to mandatory installation of EOBRs. The motor carrier would then be required to install EOBRs in all of its CMVs and to use the devices for HOS recordkeeping for a period of two years. In addition, FMCSA would also encourage industry-wide voluntary use of EOBRs by providing incentives for motor carriers, and will spell out new performance standards for the EOBR devices that will be used.
The EOBR issue isn't settled once FMCSA publishes this rule, however. The FMCSA has said it will consider further expanding the number of motor carriers required to install EOBRs as part of a rulemaking that also will address supporting documents for HOS compliance. FMCSA says it will consider reducing or eliminating paperwork burdens associated with supporting documents in favor of expanded EOBR use.
In another development, FMCSA sent its proposal for banning text messaging while driving over to the White House OMB, as part of its effort to combat distracted driving. Earlier this year, FMCSA issued regulatory guidance outlawing texting by drivers, but said they would also be issuing a series of rules to support that guidance. Several states have said they either cannot, or do not, intend to enforce the ban until there is a firm rule in place.