Mandated EOBRS: An Estimated Timeline
By the year 2015, EOBRs will likely be a part of driver’s daily lives.
Section SEC. 32301 of Map-21 mandates the implementation of electronic logs, “requiring a commercial motor vehicle involved in inter state commerce and operated by a driver subject to the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, be equipped with an electronic logging device to improve compliance by an operator of a vehicle with hours of service regulations prescribed by the Secretary.”
Last year, President Obama signed the $100 billion Moving Ahead for Progress in the 21st Century, or MAP-21 bill.
While many were pleased with the bill’s attention to safe and available parking for truck drivers, many weren’t pleased with the bill’s requirements the FMCSA to establish a final rule about the use of electronic on-board recorders.
According to the bill, the FMCSA must develop a plan for EOBRs no later than 1 year from the bill’s implementation on October 1, 2012.
“The timeline for EOBRs established by the MAP-21 funding bill is very straightforward,” said Dave Kraft, director of industry affairs for Qualcomm Enterprise Solutions.. “The Federal Motor Carrier Safety Administration (FMCSA) must issue a final rule on EOBRs by Oct. 1, 2013, with the effective date of implementation Oct. 1, 2015.”
“It’ll take at least a year for whatever [EOBR] rule they propose to become a final rule, and so I really wouldn’t expect them to produce a final rule until mid-2014,” Kraft continued. “FMCSA also has to address other issues as well, such as the potential for ‘driver harassment,’ which is the subject of an ongoing lawsuit by OOIDA [Owner-Operator independent Drivers Association].”
OOIDA is working to block the implementation.
MAP-21 included a provision mandating the use of electronic logging devices (ELD) for any driver regulated by the HOS regulations.
- The agency is currently working on the proposed rule, which should be released sometime early this year.
- The rule must address: (1) minimum performance standards for ELDs; (2) mandatory requirements for use of the devices by drivers required to prepare handwritten records of duty status (RODS); (3) requirements concerning HOS supporting documents; and (4) measures to ensure that the mandatory use of ELDs will not result in harassment of drivers by motor carriers and enforcement officials.
FMCSA established the following rulemakings as 2012 priorities:
• National Registry (Completed April 20, 2012)
• Electronic Recording Devices (SNPRM scheduled March 2013)
• Rules of Practice (Completed April 26, 2012)
• Patterns of Safety Violations (NPRM scheduled September 2012)
• Safety Fitness Determination (NPRM scheduled January 2013)
• Unified Registration System (Final Rule scheduled late 2012)
• Bus Leasing (NPRM scheduled March 2013)
• Drug & Alcohol Clearinghouse (NPRM scheduled late 2012)
• National Registry 2 (NPRM scheduled March 2013)
• No Defect DVIR (Final Rule published June 12, 2012)
• Reduction of Quarterly Financial Reporting (DFR completed June 27, 2012; rescinded August 27, 2012; NPRM under development)