EOBR rule in the works, expected in November

| June 19, 2013

eobr electronic logThe Federal Motor Carrier Safety Administration has sent a Supplemental Notice of Proposed Rulemaking to the Department of Transportation’s Secretary’s office for review, and the agency expects to publish a proposed rule to mandate the use of electronic onboard recorders Nov. 18.

The mandate would also include other requirements for supporting documents for the hours of service rule changes that go into effect July 1.

The White House Office of Management and Budget must clear the notice for the proposed rule before the agency can publish it for comment in the Federal Register.

The last EOBR rule, which was made final in 2010, was struck down in 2011 after a federal court said the agency hadn’t done enough in the rule to ensure drivers would not be harassed or coerced by fleets or and enforcement by using recorders. The notice — which was sent June 7 — acts as a supplement to FMCSA’s 2011 Notice of Proposed Rulemaking and seeks to address the issues raised about harassment.

FMCSA plans to study driver harassment before issuing the rule by interviewing carriers about the issue. The results of another study — which seeks to determine whether recorders reduce the risk of fatigue-related crashes among trucks — are expected later this year, too. That study also examines hours of service compliance, what portion of the industry uses the devices, associated costs and other benefits of use.

Congress stipulated the FMCSA issue an EOBR rule when it passed the two-year highway reauthorization act last July. The act also required the rule to set performance standards, define “tamper resistant” in regard to EOBR and include safeguards to ensure the privacy and confidentiality of the data.

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  • Kristy

    EBOR’s aren’t for just keeping track of your hours of service, some devices like the QUALCOMM are tattletales monitoring your speed, your throttle, how much brake pressure, are you taking a corner too fast, are you driving over the white line, and a lot of times they will send an e-mail out to your company notifying them that you did something wrong plus, they’re talking about electronic communications directly with the weigh stations. Same idea of having cameras facing the driver all the time with computers to determine if you are fatigued. No wonder why people are not wanting to get into this business

  • ncklght

    The EOBR should be a tool used by drivers not a threat from employers or the Government. It should not matter if I speed or hit the rumble strip as long as I do not cause an accident or injure the load. Every vehicle should be required to have weight sensors, and the EOBR should help the driver with time management. I work local and can avoid most of the problems, except for weight. My boss always wants to put the max pallets held on the truck. So we end up loading it up and then I calculate the weight and then I remove several pallets. I piss the boss off because I am going to have to make multiple trips,

  • No Reform

    They want 2 mexicans in every truck…at 8cpm each.

  • c.w.

    if you have any balls you will park july first and enjoy independance day for the sake of all the brave men who died to give you the right to be free. dont come back to work for one week and seem if these neck tie wearing govt. boys are still in the same mood.

  • Daryl Wirth

    after all the dumb ass comments im still averaging over 8 mpg with me elog

  • martymarsh

    You covered it all, and very well I might add, they already know everything about us that they need to know, and more.

  • martymarsh

    When they finally realize they can’t regulate rest THEN they will be on to something, but that will never happen because it is not about safety, it is about the dollar and the corrupt people are going to get it anyway they can.

  • martymarsh

    You can thank ATA for a lot of this.

  • martymarsh

    Remember it well.

  • martymarsh

    No it’s not drivers like him, we use to be a bunch of hard runners years ago and most of us never put a scratch on a truck. Now the company trucks are equipped with all kinds of gadgets that slow you down when you get to close to another vehicle or beeps when you are to close and the new guys are still running them off the road. If you want to really thank someone, give CR England a call, they produce idiots every day. You will never fathom what we went thru and still got the job done.

  • martymarsh

    That’s a joke right, you already have rookies driving for that, I was making that back in 1980.

  • martymarsh

    Bingo.

  • martymarsh

    That is correct.

  • Barney

    I don’t think we need to thank anybody…there is plenty of blame to go around in Washington.

  • dennis

    I was a trucker for several years, so I know how all of you feel about the EOBRs. But lets face it, these things are the future and like it or not, you will be forced to equip them. The question is, how much do you want to spend and when? I have an idea that will make it simple, easy, and less costly than you would ever believe. I run a company that takes care of E-Logs for a variety of independent owner-operators and we install all the equipment with no charge up front. Charge a small monthly fee, maintain all your logs and DVIRs, keep you legal and are available 24/7 for any questions or service needs. Don’t have to worry about Big Brother looking over your shoulder, or DOT Officers writng tickets for HOS violations. You do the driving, we keep you complaint.

  • martymarsh

    You are 100% right, but who do you think pushes for most of this. I won’t mention any names but the former governor of Kansas and trucking company owner which also happens to be on the board at ATA. You don’t think he has any pull in Washington? It is ATA that wants speed limiters on trucks, be cause the people on the board that also own trucking companies have a hard enough problems of getting drivers just because of who they are, like England and CRST, they are trying to level the playing field at everyone else’s expense.
    There is a reason Washington is being morons and the ATA is one of those reasons. Without these clowns input how else could Washington do all of this silly shit when they know nothing about trucks or truckers. You have to go where the problems start, and ATA is at the front of the pack.

  • Barney

    I absolutely agree with you…all i’m saying is it is politics-everybody ATA, Congress, etc, has a piece of the blame game that is their’s alone. How big of a piece.. well that’s another matter. It isn’t about safety. It’s about money.

  • martymarsh

    That is right, just money, and everyone involved in this is corrupt by anyone’s imagination. But it is still people like ATA that is feeding Washington this crap, so we have to start somewhere.

  • Barney

    I agree…no argument there

  • Jimmy the Greek

    And just what makes you think that ? Last year i ran right at 50,000 miles , I have no problem with hours , And I am still driving the same tractor i was driving ten years ago !

  • Jimmy the Greek

    And crome fog lamps !

  • mousekiller

    In all honesty the EOBR does have one benefit. it will either get the lazy non producing company drivers off the road due to the company terminating them or it will improve their production. It will make the truck stop sitting drivers get off their butts and back on the road and it will reduce the out of route miles some drivers have a habit of putting on a route. As far as safety goes. it isn’t going to help one bit. It is not designed for safety. It wont stop speeding, tailgating, inattentiveness nor will it eliminate stupidity behind the wheel.

    The EOBR is for CONTROL and control only. Control by the company and control by the Big brother Government. We will become nothing more than robots. The ability to be resourceful is being taken away and being replaced with robots.

  • mousekiller

    curtis you need to use a comma and a period now and again. this is a rant that makes no sense. slow down and
    do it over .

  • mousekiller

    mine show only a max of 99.9 mpg going down hills. Am I in the wrong gear or somthing.lol

  • Zachary Bell

    25 cents per mile? Not at CRST, where 22 cents per mile is the norm for rookies and the pay isn’t good at all until the driver has 4-5 YEARS of experience at the company. Local jobs for small, competing carriers pay significantly higher.

  • martymarsh

    Well, you are only worth what you will drive for. After the first year you shouldn’t be driving for under 40 cents a mile, aren’t we all doing the same job? Then live in a truck for 22 cents a mile, you could make more flipping burgers.

  • Keith

    Keep in mind that the word Government and Common Sense never are to be used in the same sentence.

  • Mike Armo

    i love Greeks. They are nice, smart and hard working people…

  • James Green

    Hello All Fellow driver,
    I think if the government, FMCSA, or any other agency is going to mandate anything for owner operators- then they must also mandate that any company who hires an owner operator pays an owner operator a government level prevailing wage. just like government contractors get paid. So companies out here paying 1.07 and a so called fuel surcharge would have to pay prevailing wage at the federal level. in the event an owner operator runs intrastate only then they would be paid as a state level prevailing wage. Any thoughts.

  • Stormy

    Maybe FMCSA should be required to produce the report that they used for the 34 hour restart, that was due this past March, before they rely on another report to mandate EOBR’s or rush like a bull in a China shop making more rules. If they want to do a study on harassment, they need to do a study on themselves. They lost their EOBR case so now they just moved on to EOBR 2.

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