EOBRs for Hours-of-Service Compliance Final Rule
October 19th, 2012
Originally published by: US Department of Transportation - FMCSA
HOS Final Rule Most drivers must follow the HOS Regulations if they drive a commercial motor vehicle, or CMV.
Who Must Comply In general, a CMV is a vehicle that is used as part of a business and is involved in interstate commerce and fits any of these descriptions:
- Weighs 10,001 pounds or more
- Has a gross vehicle weight rating or gross combination weight rating of 10,001 pounds or more
- Is designed or used to transport 16 or more passengers (including the driver) not for compensation
- Is designed or used to transport 9 or more passengers (including the driver) for compensation
- A vehicle that is involved in Interstate or intrastate commerce and is transporting hazardous materials in a quantity requiring placards is also considered a CMV
Download HOS Reference Materials
- HOS News Release
- Question and Answers
- Logbook Examples (PDF) New
- HOS Regulations - Part 395
- Final Rule (PDF)
- Regulatory Impact Analysis (PDF)
- Appendices A-E (PDF)
- Environmental Assessment (PDF)
- Appendices A-E (PDF)
- AOBRD Waiver (PDF) New
- Petitions for Reconsideration and Replies (PDF) Updated
There has been much debate over the EOBR legislation and some confusion as to the final ruling regarding electronic on-board recorders for hours-of-service compliance.
The Federal Motor Carrier Safety Administration (FMCSA) has amended regulations to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles manufactured on or after June 4, 2012.
You can read the summary of the final rule on EOBRs and Hours of Service Compliance here:
"SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA) amends the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured on or after June 4, 2012. On-board hours-of-service (HOS) recording devices meeting FMCSA's current requirements and installed in CMVs manufactured before June 4, 2012 may continue to be used for the remainder of the service life of those CMVs.
Motor carriers that have demonstrated serious noncompliance with the HOS rules will be subject to mandatory installation of EOBRs meeting the new performance standards. If FMCSA determines, based on HOS records reviewed during a compliance review, that a motor carrier has a 10 percent or greater violation rate ("threshold rate violation'') for any HOS regulation listed in the new Appendix C to part 385, FMCSA will issue the carrier an EOBR remedial directive. The motor carrier will then be required to install EOBRs in all of its CMVs regardless of their date of manufacture and use the devices for HOS recordkeeping for a period of 2 years, unless the carrier (i) already equipped its vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency's current requirements under 49 CFR 395.15 prior to the finding, and (ii) demonstrates to FMCSA that its drivers understand how to use the devices.
The FMCSA also changes the safety fitness standard to take into account a remedial directive when determining fitness. Additionally, to encourage industry-wide use of EOBRs, FMCSA revises its compliance review procedures to permit examination of a random sample of drivers' records of duty status after the initial sampling, and provides partial relief from HOS supporting documents requirements, if certain conditions are satisfied, for motor carriers that voluntarily use compliant EOBRs.
Finally, because FMCSA recognizes that the potential safety risks associated with some motor carrier categories, such as passenger carriers, hazardous materials transporters, and new motor carriers seeking authority to conduct interstate operations in the United States, are such that mandatory EOBR use for such operations might be appropriate, the Agency will initiate a new rulemaking to consider expanding the scope of mandatory EOBR use beyond the ``1 x 10'' carriers that would be subject to a remedial directive as a result of today's rule.
DATES: Effective Date: This final rule is effective on June 4, 2010.
Compliance Date: Motor carriers must comply with this final rule by June 4, 2012. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of June 4, 2010."
You can read the full ruling on the FMCSA website.
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