FMCSA To Publish Proposed EOBR Product Requirements

On Monday, May 12, the FMCSA will publish clarification and guidance on its proposed electronic logging device regulation.

In March, the FMCSA  announced the agency’s proposed rule to require interstate drivers to use Electronic Logging Devices in their trucks in order to “improve compliance with the safety rules that govern the number of hours a driver can work.”

The agency says the proposed rule would “significantly reduce the burden of paperwork” that is associated with paper logs.

In addition, the FMCSA says the rule would reduce HOS violations by making it more difficult for drivers to “misrepresent their time on logbooks” The FMCSA says that analysis shows that elogs will help reduce crashes by fatigued drivers and “prevent approximately 20 fatalities and 434 injuries per year.”

“By implementing Electronic Logging Devices, we will advance our mission to increase safety and prevent fatigued drivers from getting behind the wheel,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “With broad support from safety advocates, carriers and members of Congress, we are committed to achieving this important step in the commercial bus and truck industries.”

According to the FMCSA, the proposed rule includes provisions to:

· Respect driver privacy by ensuring that ELD records continue to reside with the motor carriers and drivers. Electronic logs will continue to only be made available to FMCSA personnel or law enforcement during roadside inspections, compliance reviews and post-crash investigations.

· Protect drivers from harassment through an explicit prohibition on harassment by a motor carrier owner towards a driver using information from an ELD. It will also establish a procedure for filing a harassment complaint and creates a maximum civil penalty of up to $11,000 for a motor carrier that engages in harassment of a driver that leads to an hours-of-service violation or the driver operating a vehicle when they are so fatigued or ill it compromises safety. The proposal will also ensure that drivers continue to have access to their own records and require ELDs to include a mute function to protect against disruptions during sleeper berth periods.

· Increase efficiency for law enforcement personnel and inspectors who review driver logbooks by making it more difficult for a driver to cheat when submitting their records of duty status and ensuring the electronic logs can be displayed and reviewed electronically, or printed, with potential violations flagged.

In developing the updated proposal, FMCSA relied on input from its Motor Carrier Safety Advisory Committee, feedback from two public listening sessions and comments filed during an extended period following the 2011 proposed rule. The proposal also incorporates the mandates included in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century (MAP-21) Act, and other statutes.

For more information on the Supplemental Notice of Proposed Rulemaking on Electronic Logging Devices, see: www.fmcsa.dot.gov/rules-regulations/administration/rulemakings/rule-programs/rule_making_details.aspx?ruleid=475.

Monday’s guidance will expand upon the March proposal by adding electronic logging device product requirements.  The FMCSA proposal would require all EOBR devices to display the following information:

1. Driver’s total hours of driving today.

2. The total hours on duty today.

3. Total miles driven today.

4. Total hours on duty for the last 7 consecutive days, including today.

5. Total hours on duty for the prior 8 consecutive days. 

6. The sequential changes in duty status and the times the changes occurred for each driver using the device.  

[gview file=”https://s3.amazonaws.com/public-inspection.federalregister.gov/2014-10822.pdf”]