Basics of the Notice of Proposed Rulemaking on Electronic On-Board Recorders

Summary
The Federal Motor Carrier Safety Administration (FMCSA) is proposing performance standards for electronic on-board recorders (EOBRs) used in commercial trucks and buses to improve highway safety by strengthening motor carriers' compliance with the Federal hours-of-service (HOS) regulations. FMCSA also is proposing incentives to encourage carriers to voluntarily install EOBRs.

About the Proposed Regulation
For the majority of motor carriers, the use of EOBRs would continue to be voluntary. FMCSA's proposed rule would require the mandatory installation of EOBRs by carriers that have serious and continued violations of the HOS rules twice within a 2-year compliance review period.

The proposal would update the performance requirements for these devices. It would require EOBRs to use Global Positioning System (GPS) technology or other location tracking systems to automatically identify the location of the commercial motor vehicle (CMV). The proposal would continue to require EOBRs to record basic information needed to track a driver's duty status: identity of the driver, duty status, date, time and location of the CMVs, and distance traveled.

The proposed rule would provide a phase-in period for motor carriers to install EOBRs meeting the new performance standards. Under the proposed rule, all CMVs manufactured on or after the date 2 years following the effective date of a final rule must be equipped with EOBRs that meet the new performance standards. Automatic on-board recording devices that meet current requirements and EOBRs installed in vehicles before a final rule is established could continue to be used for the life of the vehicle.

The proposed rule would provide a phase-in period for motor carriers to install EOBRs meeting the new performance standards. Under the proposed rule, all CMVs manufactured on or after the date 2 years following the effective date of a final rule must be equipped with EOBRs that meet the new performance standards. Automatic on-board recording devices that meet current requirements and EOBRs installed in vehicles before a final rule is established could continue to be used for the life of the vehicle.

Background

• 1980s - Motor carriers began to look to automated methods for recording drivers' duty status to save time and improve efficiency.
• April 17, 1985 - The Federal Highway Administration (FHWA) granted a waiver to Frito-Lay, Inc., to allow on-board computers as a substitute for handwritten records of duty status.
• September 30, 1988 - FHWA revised the HOS rules to allow the voluntary use of automatic on-board recording devices.
• May 2, 2000 - FMCSA's proposal concerning HOS included a requirement for EOBRs on CMVs used in long-haul and regional operations.
• April 28, 2003 - FMCSA's final rule on HOS did not include a provision for mandatory use of EOBRs. FMCSA concluded there were insufficient economic and safety data; lack of support from the transportation community at large.
• July 16, 2004 - The U.S. Court of Appeals for the District of Columbia Circuit vacated the 2003 HOS rule, for reasons unrelated to EOBRs. However, the court stated that the agency was required, at a minimum, to collect and analyze data on the costs and benefits of requiring EOBRs.
• 2004 - FMCSA published an advanced notice of proposed rulemaking to request public comments on a range of issues relating to the design, use, applicability cost, and benefits of EOBRs.