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FMCSA Requires On-Board Recorders

EBORAs part of the new proposed Hours of Service (HOS), the FMCSA has mandated that all over-the-road interstate truckers will be required to have electronic on-board recorders (EOBR).  The change would affect approximately 500,000 commercial carriers nation-wide. However, the rule will not affect short-haul interstate carriers that use time cards. Making EOBRs a requirement is an attempt to increase safety on the roads. The EOBRs will prevent more drivers from driving too many hours and, in turn, prevent more driver fatigue.

Department of Transportation Secretary (DOT) Ray LaHood said, “We cannot protect our roadways when commercial truck and bus companies exceed hours-of-service rules. This proposal would make our roads safer by ensuring that carriers traveling across state lines are using EOBRs to track the hours their drivers spend behind the wheel."

The main purpose of the new rule is to crack down on HOS violations. EOBRs make it much easier for hours to be tracked, even across state lines. Carriers that are in violation of this EOBR requirement will face penalties of up to $11,000 for each offense, and failing to comply will also negatively impact a carrier's safety fitness rating and DOT operating authority.

The change was proposed on January 31, 2011 as a follow up to a rule made in 2010 that made larger carriers switch to EOBR’s because of their consistent HOS violations. The rule was that if a carrier had violations over 10% they were required to start using EOBR’s. In the rule the FMCSA made a note that a broader implementation of EOBR’s would soon follow. The January 31st proposal is the broader mandate that was alluded to by the FMCSA.

The proposal is another step that Cornell and the DOT have taken together on their e-Rulemaking Initiative (CeRI). The CeRI makes the federal regulatory process more accessible to the public through Regulation Room, which is an online public participation site where people can learn about and discuss proposed federal regulations. The public is also allowed to provide effective feedback to the DOT. This is another big step toward keeping President Obama's promise of allowing more citizen participation in the government.

Mandating that all interstate carriers use EOBR’s will definitely have an impact on the trucking industry. It will make HOS much easier to track and it will help prevent further violations. All of this is an attempt to make roads safer by decreasing the amount of fatigued driving done by commercial truckers. Whether or not cracking down on HOS violations will actually increase safety is still being debated. The general consensus is that it will definitely increase the amount of cash in the government’s pocket, but as for the safety I guess we’ll have to wait and see.

 

Comments

I have been in the Logistics Industry since before there was a Logistics Industry, when it was still just Trucking and Transportation. When I read a comment about big trucking companies that are in agreement with something, and the Federal government is moving forward on whatever the BIG businesses are in agreement with, I become skeptical. The Federal government is not supposed to cater to big business. In my experience, the big carriers, with all the company drivers, and equipment, and money are not necessarily the best sources of information about the industry. They have their own problems.  
 
 
 
Smaller carriers and owner-operators that are still in the business, I am sure, are filling niches in markets and commodities that the bigger carriers do not want to fill. It is on the back hauls that all the competition is created. Do we really want to hurt these smaller, more independent carriers because the big carriers cannot get it right? Some questions to ask. 
 
 How much do these new devices cost? For all the carriers the margin of profit is very small, the smaller carrier will just naturally have less spending power than the larger ones, make sure they are affordable for all.  
 
 How many suppliers are out there for the devices? Do not create a monopoly; ensure strong competition for the captive market. 
 
 Are the devices entirely made in the United States? If the United States Government is going to make a law to mandate something like this, let us get some additional benefit. 
 
 Are Mexican and Canadian carriers going to be required to have them, and how is the enforcement going to work on them?  
 
 How long does anyone think before some owner operator’s computer geek son tears one of these devices apart, figures out how to get around the control and discipline features, and we will then need a new law to combat that? 
 
 
 
Do not create a monopoly for a couple of companies, make sure Americans are doing the manufacturing, not China, and do not just open a door where we will have to make another law to fix the problems created by this one.  
 
 
 
The real issue regarding Hours of Service is that there are not enough skilled and trustworthy drivers in the system. Drug and alcohol testing, traffic citations, the reporting requirements during background checks, accidents, and tough working conditions have taken a toll on the industry’s drivers. Since I have been laid off, and find myself looking for a job, all I see is want ads for drivers. Every news paper (even the advertisers), and job search engines, have an abundance of driver want ads. As our economy grows, does anyone think that this will improve? Many drivers deliver loads, and are already dispatched on the next one. Dispatchers are struggling to get their company’s customer’s shipments covered. This is a major problem, and will not be fixed by some gadget installed in the truck. 
 
 
 
There are other solutions. This country has a rail system that from everything that I hear and read is not fully utilized. How many of the long haul truckloads (over 1500 miles) could go multi-model (piggy-back rail)? It might be better to create incentives for companies to use rail more for these types of shipments, and lessen other government intervention and restriction. Some other benefits, utilizing rail more will lessen the wear and tear to our highways, bridges, and other infrastructure that we cannot pay to repair anyway. Remember, for every job created in our railroad industry, another American will not be on the unemployment rolls.  
 
Posted @ Thursday, February 17, 2011 11:08 AM by Vincent MacLean
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All blog articles are written by employees/consultants/contractors and/or guests and contain information or opinions from the writer’s point of view on a particular subject.  It is not necessarily the opinion of  ADS Logistics Co, LLC or its management team.