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EOBR/ELD Proposal Advances from FMCSA to DOT Secretary’s Office

June 18, 2013

By Evan Lockridge

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No matter if you call them electronic on-board recorders, electronic logging devices, or black boxes, a proposal to mandate their use is slowly winding its was through the bureaucratic hands of the federal government, putting it closer to publication.

A new U.S. Transportation Department report on significant rulemakings shows a proposed rulemaking moved from the Federal Motor Carrier Safety Administration to the Office of the DOT Secretary on June 7th. If it receives approval, the next stop is the White House Office of Management and Budget, which can either clear the plan for publication or sent it back to the FMCSA and DOT for changes.

It’s projected the proposal will be sent to OMB on August 6 with it being cleared by in early November, followed by publication later in the month and comments being taken on the plan being taken until January 20 of next year. The federal government often misses projected deadlines, though this latest was actually ahead of schedule in going from FMCSA to the DOT Secretary.

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Details about the new regulation are not being released to the public, which is usual in rulemakings, except for four points it seeks to accomplish.

They are to: establish: (1) minimum performance standards for electronic logging devices (ELDs); (2) requirements for the mandatory use of the devices by drivers required to prepare handwritten records of duty status (RODS); (3) requirements concerning hour-of-service 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.

This rulemaking supplements the FMCSA’s February 1, 2011, notice of proposed rulemaking and addresses issues raised by the U.S. Court of Appeals for the Seventh Circuit Court in its 2011 decision vacating the agency’s April 5, 2010, final rule concerning ELDs. The rulemaking was successfully challenged by the Owner Operator Independent Drivers Association by claiming FMCSA did not take into account possible harassment of drivers by the use of ELDs.

FMCSA says the requirements for ELDs would improve compliance with the hours-of-service rules and thereby decrease the risk of fatigue-related crashes attributable to non-compliance with the applicable hours-of-service requirements.

You can check the status of other significant U.S. DOT rulemakings on the department’s website.

Comments

  1. 1. Kevin J. Reidy [ June 25, 2013 @ 04:33AM ]

    If the FMCSA actually believes that the large carriers running EOBR's aren't cheating using those devices, they are even dumber and far more gullible than I previously thought they were.

    "Administrative access" in almost any computerized program gives that person the ability to "correct" or edit that program...and the carriers "find" hours for their drivers all the time.

  2. 2. travis [ June 28, 2013 @ 01:58PM ]

    I was running with a guy the other day we both started at the same time he a little further away and running electronic logs. We ran the same run and somehow he had the hrs to get home and I ran out and had to sleep at rest area how is that if electronic logs are safer he ran 2.5 more hrs than me?

  3. 3. Francis Drake [ June 28, 2013 @ 02:05PM ]

    This is not about safety or compliance issues. It's about this corrupted whore scumbag handfull of fat heads wanting total control of every person on the planet. They can go to hell. Owner Ops must all tell these criminals to suck it.

  4. 4. Francis Drake [ June 28, 2013 @ 02:15PM ]

    If drivers from company, lease operators to owner operators submit to this BS we might as well give in to subjugation and be a bunch of cowards and slaves. The FMCSA and its board members are a bunch of losers wanting to control drivers lives and what they earn in money to survive and feed their families. They want to break our will and make us all slaves to the agenda of the globalist and other corrupt entities.

  5. 5. Michael [ June 28, 2013 @ 03:24PM ]

    If the concern is truely for safety the ELD's should be mandated in all highway use vehicles including cars and police vehicles. Officers run out of hours constantly, crash company vehicles, race down highways with no lights on yet you point out only one industry. This is all about new companies who sell this software getting rich. Somebody is about to get there pockets lined to pass this bill. If you ask a DOT officer about an inspection he just finished and go several miles ahead and ask another the same question youll get two complete ly different answers. They hardly no the rules themselves....

  6. 6. Johny D. [ June 28, 2013 @ 05:10PM ]

    This is COMMUNISM, this is not AMERICA anymore, thousands of owner operators will quit and in the end big transportation companies will win....but this is the reason big companies are giving money to corrupted politicians,no?

  7. 7. 2cool4school [ June 29, 2013 @ 09:13AM ]

    johy d. right on the $

  8. 8. 2cool4school [ June 29, 2013 @ 09:14AM ]

    right on the $ Johny

  9. 9. JT Williams [ June 29, 2013 @ 08:33PM ]

    It is always about money. I have been out here 32 years and it will never change. This is just a way to end the dinasour way of record keeping in an ever changing cyber world we live in. Consumers will feel the effects on the shelf when food prices increase, transportation productivity decreases, owner operators are extinct, and the publicly traded large carriers are controlling the transportation market. Hell they already have Bill Graves of the ATA voicing for them, Get rid of him for starters. Look at that Warner Enterprises CEO quote " You need to raise the road taxes for infrastructure funding". WTF Werner, shut the hell up, and who is next to him, Bill Graves! Hmmm who developed the first OBR? Werner thats who! So this is just some proof, smaller companies do not have a voice, and the major carriers will win. Get rid of Bill Graves and the ATA for starters.

  10. 10. mike [ July 10, 2013 @ 07:25PM ]

    all I can say ,were in for it,Its a power play for the gov,They wii get every thing they want,And when it happens,U will see chang,When they E,O,BR,,iN EVERY TRUCK, Then every tk out here,will be running over top of every body trin to get some were,Thats wat I call safety,U will like it,Cant wait,The pimple will come to a head,

 

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