Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Court Rejects EOBR Rule

A federal appeals court Friday tossed out the electronic onboard recorder rule, saying it does not do enough to prevent harassment of drivers. In response to a petition by several independent drivers and the Owner-Operator Independent Driver Association, the U.S. Court of Appeals for the Seventh Circuit vacated the rule and sent it back to the Federal Motor Carrier Safety Administration for review

by Staff
August 27, 2011
Court Rejects EOBR Rule

Court decision says FMCSA didn't spell out how they would prevent EOBRs, like this one from Qualcomm, from being used to harass drivers.

2 min to read


A federal appeals court Friday tossed out the electronic onboard recorder rule, saying it does not do enough to prevent harassment of drivers.

In response to a petition by several independent drivers and the Owner-Operator Independent Driver Association, the U.S. Court of Appeals for the Seventh Circuit vacated the rule and sent it back to the Federal Motor Carrier Safety Administration for review.

Ad Loading...



The rule, scheduled to take effect next June, will require habitual violators of the hours of service rules to install EOBRs. Some 5,700 interstate carriers are likely to be affected, the agency has estimated. This rule is the precursor to a much broader mandate that will cover practically all carriers, probably several years from now.

The panel of three judges found that the agency did not provide enough detail on how it intends to prevent carriers from harassing drivers through these devices.

The agency does say in the rule that it is legally required to prevent harassment, but does not go into detail on how that will be accomplished.

In the decision, written by Circuit Judge Diane Wood, the court said the agency needs to describe exactly what steps must be taken to prevent harassment. It needs to consider what types of harassment already exist, how frequent and extensive the practice is, and how EOBRs will either allow or prevent harassment.

The agency could study these issues by comparing the experience of drivers in companies that use EOBRs with that of those that don't, the court suggested.

There are other problems in the rule, such as possible shortcomings in the cost-benefit analysis, but the harassment issue is enough to trigger a remand back to the agency for further action, the court said.

The decision is under review at the agency, said FMCSA Communications Director Candice Tolliver Burns.

"It's a fantastic decision," said OOIDA president Jim Johnston in a statement. "The decision dealt with the harassment of drivers but the court left room to come back and challenge other aspects if the agency gets overly enthusiastic about how they want to monitor truckers."

More Drivers

Illustration of Department of Labor building, diesel technician at a computer, and driver training semi trailer
Driversby Deborah LockridgeMarch 10, 2026

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training

The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.

Read More →
Illustration of truck owner operator and magnifying glass with the word "regulations"
Driversby Deborah LockridgeFebruary 26, 2026

Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal

For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.

Read More →
 Truck with door open and enforcement officer talking to driver about ELD
DriversFebruary 26, 2026

FMCSA Reinstates Field Warrior ELD to Registered Device List

One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.

Read More →
Ad Loading...
Photo of truck driver in yellow safety vest walking alongside tractor-trailer
Driversby Deborah LockridgeFebruary 25, 2026

How One Company is Using Smart Suspension Technology to Reduce Driver Injuries and Improve Retention

America’s Service Line adopted Link’s SmartValve and ROI Cabmate systems to address whole-body vibration, repetitive strain, and driver turnover. The trucking fleet is already seeing measurable results.

Read More →
Illustration with photos from some of the 2026 Best Fleets to Drive For honorees
Driversby News/Media ReleaseFebruary 24, 2026

CarriersEdge Announces 2026 Best Fleets to Drive For

The 18th annual contest recognizing the best workplaces for truck drivers sees changes to Top 20, Hall of Fame

Read More →
Illustration of driver students around trucks with distressed graphic elements and safety cones
Driversby Deborah LockridgeFebruary 19, 2026

FMCSA Targets 550+ ‘Sham’ CDL Schools in Nationwide Sting Operation

The Federal Motor Carrier Safety Administration issued more than 550 notices of proposed removal to commercial driver training providers following a five-day nationwide enforcement sweep. Investigators cited unqualified instructors, improper training vehicles, and failure to meet federal and state requirements.

Read More →
Ad Loading...
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 18, 2026

DOT Alleges Illinois Issued Illegal Non-Domiciled CDLs

Illinois is the latest state targeted and threatened with the loss of highway funding by the U.S. Department of Transportation in its review of states' non-domiciled CDL issuance procedures. The state is pushing back.

Read More →
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 12, 2026

FMCSA Locks in Non-Domiciled CDL Restrictions

After a legal pause last fall, FMCSA has finalized its rule limiting non-domiciled commercial driver's licenses. The agency says the change closes a safety gap, and its revised economic analysis suggests workforce effects will be more gradual than first thought.

Read More →
Photo of Stone's Truck Stop
Driversby News/Media ReleaseFebruary 5, 2026

Trucker Path Names Top Truck Stops for 2026

Truck driver ratings reveal the best chain and independent truck stops in the country.

Read More →
Ad Loading...
SponsoredFebruary 1, 2026

6 Dashcam Tactics to Improve Safety & ROI

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →