"FMCSA Rescinds EOBR Mandate"
Article published on Monday, May 14, 2012
According to the Commercial Carrier Journal, the Federal Motor Carrier Safety Administration has issued a final rule that formally rescinds its April 2010 final rule concerning electronic onboard recorders for hours-of-service compliance. FMCSA's action responds to a court decision that vacated the rule that would have mandated EOBRs on all trucks used by certain noncompliant carriers.
The U.S. Court of Appeals for the Seventh Circuit in August 2011
vacated the agency's EOBR rule following a challenge by the
Owner-Operator Independent Drivers Association. OOIDA had argued
that the final rule had not met federal regulations stipulating
FMCSA ensure the devices not be used to harass vehicle
operators.
FMCSA on Feb. 10 announced its intent to move forward with its
rulemaking regarding EOBRs and hours-of-service supporting
documents by preparing a supplemental notice of proposed
rulemaking. FMCSA also announced via the Federal Register several
steps to augment its efforts to obtain comprehensive data to
support its SNPRM, including:
- Listening sessions on the issue of driver harassment;
- Tasking the Motor Carrier Safety Advisory Committee to assist in developing material to support the rulemaking, including technical specifications for EOBRs and their potential to be used to harass drivers; and
- Conducting research by surveying drivers, carriers and vendors regarding harassment issues.
MCSAC on Feb. 8 finalized a report on mitigating the use of
EOBRs to harass drivers that provides suggestions to FMCSA. The
document contained information the agency should explore in any
rulemaking on EOBRs for hours-of-service compliance.
Harassment issues relative to electronic logs cover driver
relationships with law enforcement personnel and carriers, tilting
heavily toward the latter and favoring drivers' positions in
certain instances. A Feb. 8 draft said, "Drivers should be able to
save records of carrier contact with drivers." The statement was
presented relative to an item about the difficulty of regulating
the role EOBRs can play in hours-of-service compliance.
"Trying to regulate the difference between productivity measures
and carrier actions that result in harassment is difficult because
it should be judged by a standard of reasonableness that could be
interpreted differently based on a specific factual circumstance,"
the item read.
FMCSA held an EOBR listening session April 26 in Bellevue, Wash.,
to allow interested persons to present comments, views and relevant
new research the agency should consider in development of its
SNPRM.
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