The Federal Motor Carrier Safety Administration yesterday published a request for comment on an application from Xora Inc. for an exemption from the FMCSA rules
that allow automated driver logs to be maintained with onboard computers.
Xora is a international software developer some of whose products run on Nextel GPS-enabled phones. One such product is an automated driver log system.
Xora’s phone-based log system does not meet one of the current requirements of FMCSA’s so called 395.15 rule. In the rule, the FMCSA says a qualified onboard device “must be integrally synchronized with specific operation of the commercial motor vehicle in which it is installed. At a minimum, the device must record engine use, road speeds, miles driven, the date and time of day.” Certain Nextel phones can record many of these parameters, but they are not “integrally synchronized with” the vehicle.
Xora and Nextel are both working to have the phone-based system recognized as a valid automated log device. Nextel in comments to the FMCSA on hours of service rules asked that phone-based logs be legitimized in the HOS rulemaking. At about the same time, Xora took a slightly different tack, asking the agency for an exemption from the current rule. One such exemption already exists for the system used exclusively by truckload carrier Werner Enterprises. That exemption, which had been annually renewed by the FMCSA was recently made permanent.
Whatever the technical merits of the Xora/Nextel system, the request for an exemption may be opposed by vendors of log systems that run on installed, onboard computers that meet the current FMCSA criteria. A phone-based system would probably be cheaper, at least to buy if not to operate.
In its Federal Register notice, FMCSA said that all comments must be received on or before July 8, 2005.
You may submit comments identified by DOT DMS Docket Number FMCSA-2005-21338 by any of the following methods:
Web Site: http://dms.dot.gov. Follow the instructions for submitting comments on the DOT electronic docket site. Comments can be faxed to 202-493-2251 or mailed to Docket Management Facility, U.S. Department of Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, Washington, DC 20590-0001.