FMCSA Proposes EOBR Mandate for All Interstate Truck Drivers
On January 31, 2011, the FMCSA proposed an Electronic On-Board Recorder (EOBR) rule that greatly expands the current rule put out less than a year ago.
The current rule, published in April 2010 and effective June 2012, requires the installation of EOBRs for motor carriers found during a compliance review to have a 10 percent violation rate for any Hours of Service (HOS) regulations. It’s expected to affect only 5,700 interstate carriers.
The newly proposed rule, which will go into effect three years after it is made final, would require all interstate commercial truck and bus companies to install EOBRs to systematically monitor their drivers’ HOS compliance. The rule would apply to all carriers now required to maintain driver logs, which affects approximately 500,000 interstate carriers.
The proposed rule exempts short-haul carriers whose drivers currently use time cards, primarily those of “property-carrying CMVs that do not require a CDL and who operate within a 150 air-mile radius of the driver’s normal work-reporting location under the current provisions.” In cases where drivers mainly use timecards, but occasionally drive beyond the limits of their normal operations, the FMCSA indicated it would permit continued use of timecards.
The proposal also relieves interstate motor carriers from retaining certain HOS supporting documents, such as delivery and toll receipts, which are currently used to verify the total number of hours drivers spend operating the vehicle.
The proposal includes a requirement that carriers maintain an HOS management system - controls, policies, programs, practices and procedures that systematically monitor a driver's compliance with the rules, and verify the accuracy of the logs. Failure to maintain such a system would be listed as an acute and critical citation.
Carriers found to be in violation of the EOBR requirement would face penalties of up to $11,000 per offense and impact the carrier’s CSA rating and DOT operating authority.
“We cannot protect our roadways when commercial truck and bus companies exceed Hours-of-Service rules,” said Transportation Secretary Ray LaHood. “This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel.”
“This proposal is an important step in our efforts to raise the safety bar for commercial carriers and drivers,” said FMCSA administrator Anne Ferro. “We believe broader use of EOBRs would give carriers and drivers an effective tool to strengthen their HOS compliance.”
The FMCSA has extended the comment period on this proposal until May 23, 2011. The FMCSA will consider all comments and material received during the comment period and may change this proposal based on those comments. The rule will likely be published prior to the June 2012 compliance date for the current EOBR rule. It will enforce the current rule during the period between the 2012 compliance date and the compliance date of the new rule.
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