The Federal Motor Carrier Safety Administration (FMCSA) issued a proposal to require interstate commercial bus and truck companies to use Electronic Logging Devices (ELDs) in their vehicles to improve compliance with the safety rules that govern the number of hours a driver can work.
The proposed rulemaking would significantly reduce the paperwork burden associated with hours-of-service recordkeeping for interstate bus and truck drivers — the largest in the federal government following tax-related filings — and improve the quality of logbook data.
The proposed rule will ultimately reduce hours-of-service violations by making it more difficult for drivers to misrepresent their time on logbooks and avoid detection by FMCSA and law enforcement personnel, according to the FMCSA’s proposal. Analysis shows it will also help reduce crashes by fatigued drivers and prevent approximately 20 fatalities and 434 injuries each year for an annual safety benefit of $394.8 million.
The Supplemental Notice of Proposed Rulemaking, which was sent to the Federal Register to publish on March 12, supersedes a prior 2011 Notice of Proposed Rulemaking related to electronic on-board recorders. It includes provisions to:
- Respect driver privacy by ensuring that ELD records continue to reside with the motor carriers and drivers. Electronic logs will continue to only be made available to FMCSA personnel or law enforcement during roadside inspections, compliance reviews and post-crash investigations.
- Protect drivers from harassment through an explicit prohibition on harassment by a motor carrier owner towards a driver using information from an ELD. It will also establish a procedure for filing a harassment complaint and creates a maximum civil penalty of up to $11,000 for a motor carrier that engages in harassment of a driver that leads to an hours-of-service violation or the driver operating a vehicle when they are so fatigued or ill it compromises safety. The proposal will also ensure that drivers continue to have access to their own records and require ELDs to include a mute function to protect against disruptions during sleeper berth periods.
- Increase efficiency for law enforcement personnel and inspectors who review driver logbooks by making it more difficult for a driver to cheat when submitting their records of duty status and ensuring the electronic logs can be displayed and reviewed electronically, or printed, with potential violations flagged.
In developing the updated proposal, FMCSA relied on input from its Motor Carrier Safety Advisory Committee, feedback from two public listening sessions and comments filed during an extended period following the 2011 proposed rule. The proposal also incorporates the mandates included in MAP-21 and other statutes.
Impaired driving, including fatigue, was listed as a factor in more than 12% of the 129,120 total crashes that involved buses or large trucks in 2012.
For more on the Supplemental Notice of Proposed Rulemaking, click here.