FOR THE RECORD
A safety panel on Feb. 8 finalized a report on mitigating the use of electronic onboard recorders to harass drivers that provides suggestions to the Federal Motor Carrier Safety Administration.
The document from FMCSA’s Motor Carrier Safety Advisory Committee contained information the agency should explore in any rulemaking on EOBRs for hours of service compliance.
Following the U.S. 7th Circuit Court of Appeals’ decision in August that vacated the 2010 limited mandate for EOBRs for certain noncompliant carriers, the harassment issue may be the key consideration for the agency. The agency has expressed intent to devise a rule that mandates some version of electronic logging devices for virtually all trucks in interstate commerce.
Harassment issues relative to electronic logs cover driver relationships with law enforcement personnel and with carriers, tilting heavily toward the latter and favoring drivers’ positions in certain instances. For example, a Feb. 8 draft said, “Drivers should be able to save records of carrier contact with drivers.”
The statement was presented relative to an item about the difficulty of regulating the role EOBRs can play in hours of service compliance.
“Trying to regulate the difference between productivity measures and carrier actions that result in harassment is difficult because it should be judged by a standard of reasonableness that could be interpreted differently based on a specific factual circumstance,” the item read.
“I’m glad we have some recognition by this committee of the fact that dispatchers can lie,” said MCSAC member Calvin Sturdivant, of Community Coach.
The report suggests the agency “consider civil penalty sanctions as deterrents for harassment” and/or “seek out current regulations that appropriately address” any driver complaint that is made. Also suggested was FMCSA-led training for driver supervisors and law enforcement regarding what could constitute harassment.
Debate about limiting real-time two-way communication with the devices ended with the committee in part divided on the subject of whether such fleet management tools should be required to be included in new standards for the devices. Both the Owner-Operator Independent Drivers Association and Teamsters Union representatives on the committee, in addition to others, opposed requiring such tools to be a part of any electronic logging system.
"Until a formal regulation is established with clear guidelines and borders ...