FINAL EOBR RULE MANDATES USE FOR HOS VIOLATORS
The Federal Motor Carrier Safety Administration (FMCSA) has issued a final rule ordering motor carriers with "serious patterns of hours of service violations" to install electronic on-board recorders (EOBRs) in all their vehicles, affecting nearly 5,700 carriers. This final rule, significantly more stringent than the regulation proposed in January 2007, "gives us another tool to enforce hours of service restrictions on drivers who attempt to get around the rules," said Transportation Secretary Ray LaHood. "We are committed to cracking down on carriers and drivers who put people on our roads and highways at risk."
The final rule states that motor carriers with a violation rate equal to or greater than 10 percent of the records reviewed during one compliance review will be ordered to implement the use of approved EOBRs. Studies show that motor carriers with a 10 percent or greater violation rate of the hours-of-service regulations in one compliance review have a 40 percent higher crash rate than the general motor carrier population. Once a motor carrier receives notice, hazmat haulers have 45 days to install the devices and all other motor carriers have 60 days. If a motor carrier receives a directive, the devices will have to be installed on all trucks - even on owner-operator trucks leased to the motor carrier, even if the owner-operator is running under his or her own authority. If a company chooses to ignore the edict to install the devices, the motor carrier would no longer be allowed to operate in interstate commerce and could have its authority revoked by FMCSA.
The recorders, which automatically record the number of hours drivers spend operating vehicles, must be used for a minimum of two years. The final rule also outlines performance criteria for the actual EOBR devices. The devices, in addition to automatically recording driving time, will also have to record information such as driver name, date and time, location, distance traveled, and shipping document numbers or name of shipper and commodity. If the truck is being used as a personal conveyance, the driver will have to input a note to that effect before the truck even moves. In tracking the truck's movement, if the truck is stationary for five or more minutes, the EOBR must default to on-duty not driving and the driver "must enter the proper duty status." When the truck is in motion, the devices will have to record the time and location of the truck at least once every 60 minutes.
To address concerns with tampering, the agency requires that the EOBR records not be altered by the driver, motor carrier or third party. In the event that a record needs alteration, the EOBRs are required to keep the original records as well as the modified records. Drivers will be allowed to make "annotations" to the records in the event of a special circumstance.
The final rule, which takes effect on June 4, 2012, gives EOBR suppliers time to adjust to the new performance standards.
As an incentive to promote voluntary use, the agency will no longer require supporting documents related to driving time, such as toll receipts, for carriers that install recorders. The carriers that already use recorders may keep using them through the life of the truck. Recorders installed in trucks built starting in April 2012, will have to meet the new standards.
The FMCSA indicated that it would initiate another EOBR rulemaking, possibly later this year, to consider a mandate for passenger carriers, hazmat transporters and new motor carriers seeking authority.
The Electronic On-Board Recorders for Hours-of-Service Compliance rule is on display here: www.federalregister.gov/OFRUpload/OFRData/2010-06747_PI.pdf