On
Monday, April 5, the Federal Motor Carrier Safety Administration (FMCSA) will
publish a Final Rule in the Federal Register on the use of electronic
logging devices for tracking hours-of-service
compliance by the trucking industry. The Final Rule went on public display
today.
(FMCSA
refers to such devices as electronic on-board recording devices, or
EOBRs. However, this term is commonly used to describe comprehensive fleet
management systems that do far more than simply monitor hours of service
compliance. To distinguish these more comprehensive systems from the ones that
FMCSA addresses in this final rule, ATA uses the term electronic logging
devices to describe devices that merely track hours of service
compliance.)
FMCSA's
final rule differs from the 2007 proposed rule in that it includes broader
criteria for identifying non-compliant carriers that will be required to install
such devices. With the use of broader criteria, more carriers will be
required to install electronic logging devices. The Final Rule has three major
components:
- Regulatory
Incentives - to
encourage greater voluntary adoption of devices;
- Mandatory
Adoption - for
those motor carriers with a pattern of hours-of-service violations found during
a single compliance review;
- Device
Specifications -
that address how the devices must work and what data they must collect.
A
summary of each of these components follows:
- Regulatory Incentives to
Encourage Greater Voluntary Adoption of Electronic Logging
Devices
The rule does not mandate the use
of devices by safe and compliant motor carriers, but instead attempts to
encourage voluntary adoption. FMCSA has offered two primary
incentives for motor carriers to voluntarily adopt electronic logging devices
for HOS compliance.
a) Compliance Review Record
Sampling - When conducting a Compliance Review on carriers that have
voluntarily adopted electronic logging devices, FMCSA will permit its
investigators to review a random sample of hours of service records after
reviewing an initial, selective, sample of drivers' records. Under the
current process, investigators deliberately choose a selective sample for review
in an attempt to find violations. If 10 percent or more of the records examined
show a pattern of violations of the same regulation (the 11 hours of driving
rule, for instance) the carrier is found to have violated a "critical"
regulation. Under the new rule, a motor carrier voluntarily using electronic
logging devices could request that FMCSA examine a random sample of
records that provides a representative picture of its entire operation, not just
selected terminals, locations, or drivers.
b) Partial Relief from HOS
Supporting Documents Requirements - Since electronic logging devices
will capture sufficient data on vehicle movement required for verification of
HOS compliance, some of the currently required, voluminous, supporting documents
will be rendered redundant and unnecessary. Hence, FMCSA will relieve motor
carriers voluntarily adopting the use of the devices from having to retain
supporting documents that are retained to verify driving time. These carriers
would still be required to retain supporting documents to verify non-driving
time.
- Mandatory Adoption of Electronic
Logging Devices for Motor Carriers with a Documented History of Severe
Non-Compliance with Hours of Service Rules
While the new rule does not
mandate electronic logging devices for all motor carriers, those who are
found by FMCSA to have a pattern of non-compliance with a critical HOS
regulation (10 percent or more of records checked reflect the same violation)
during a single compliance review would be required by FMCSA to install and use
electronic logging devices for two years. This requirement would also extend
to owner-operators under lease to the non-compliant motor carrier. FMCSA's
intent is to focus on carriers with severe problems, while at the same time
encouraging others to adopt and use this new technology.
- Device Performance Specifications
The final rule includes technical
specifications/performance standards setting forth what data the electronic
logging devices need to capture, how frequently, with what degree of accuracy,
and how the data will be available for law enforcement review. Under these
standards, the devices must include Global Positioning System technology or
other location tracking system technology to automatically identify the location
of each truck and must be "integrally synchronized with the" CMVs in which they
are installed in order to record engine use, road speed, and miles driven.
As with the requirements for systems in use today, the new rules require that
electronic logging devices record the basic information needed to document a
driver and his or her workday, such as: the identity of the driver, duty status
time data, location of the truck, distance traveled during operation,
etc.
Current FMCSA regulations already
allow the use of certain recording devices for HOS compliance. Under the new
rule, existing devices can continue to be used for the life of the vehicles in
which they are installed. However, new devices must meet updated technical
specifications consistent with into today's electronic engine and
digital/wireless communication systems.
The rule includes a few other
matters that will be of particular interest to motor
carriers:
- While this rule only mandates
electronic logging devices for a relatively small number of motor carriers,
FMCSA intends to initiate a rulemaking later this year that will consider a
mandate for a broader population of motor carriers. In particular, FMCSA will likely
propose a mandate for carriers it feels have "higher potential risks,"
such as passenger carriers, hazardous materials carriers, and new motor
carriers initiating operations.
- Supporting
Documents - In
addition to including violations of the 11, 14, and 60/70 hour rule, the list of
violations that could trigger a mandate also includes "failing to preserve
driver's records of duty status supporting documents for six months." As a
result, a carrier not found to have violated the driving and on-duty time
regulations (e.g., 11 hour driving rule) could still be required to install
electronic logging devices in its vehicles, merely for improper recordkeeping.
- Existing Fleet Management
Devices - It is
important to note that the final rule addresses the use of devices that can
capture the data necessary for verification of HOS compliance. It does not speak
to more comprehensive fleet management systems that also capture engine and
driver performance data. However, motor carriers can use such devices to meet
the requirements and conditions of the Final Rule if their devices also include
a component that meets the specifications for capturing required HOS compliance
information.
Compliance is mandated beginning
on June 4th, 2012. The two-year phase-in period
will allow motor carriers, manufacturers, and law enforcement groups time to
make adjustments and conduct training before the final rule is enforced.
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