EOBRs

EOBR-related regulatory and legislative developments:

• New EOBR Rulemaking
• Legislative EOBR Mandate
• Hours of Service Final Rule
• Policy Update on the Retention of Supporting Documents and the Use of Electronic Mobile Communications/Tracking Technology for HOS Compliance Review
• Additional perspective:  How to Prepare Your Business for HOS Compliance with Changing Regulations

Legislative EOBR Mandate

The U.S. Senate has voted 74 to 22 to approve a highway funding bill S. 1813 that includes an amendment (Section 31137) for an EOBR mandate. This amendment was generally the same language that was previously introduced with S. 1950 as the “Bus and Truck Safety Bill.” It is now up to the U.S. House of Representatives to act on this measure. A draft version of the highway funding bill in the House (HR 7) has significant differences from S.1813 in terms of highway funding approach and the amendment for an EOBR regulatory directive. The House version does not require the mandate. The House is continuing efforts to pass its version of the highway funding bill which then must be reconciled with the Senate version. It is possible that the EOBR amendment will not be included in the final reconciled version of the bill. 

Hours of Service Final Rule

On December 27, 2011, FMCSA published a new final rule for hours of service. The rule will be implemented in two parts:

Effective July 1, 2013:

• Limitations will be applied on “34 hour restarts” to include:  (1) restart period must include two periods of 1 a.m. to 5 a.m. home terminal time, and (2) may only be used once per week.    Currently, 34 hour restarts are not subject to any restrictions.
• Rest breaks – drivers  may drive only if 8 hours or less have passed since end of driver's last off-duty period of at least 30 minutes. [HM 397.5 mandatory "in attendance" time may be included in break if no other duties performed].  This is a new HOS requirement. 

Effective February 27, 2012:

• “On duty time” definition is changed to recognize that time spent in a parked commercial vehicle may be recorded as off-duty,  and a driving team co-driver may be allowed up to 2 hours in the passenger seat in off-duty status if immediately before or after 8 consecutive hours in the sleeper berth.  Currently, all time in the vehicle is considered on duty except time in the sleeper berth.
• Egregious HOS violation is defined as 3 or more hours beyond the driving limit and is to be subject to maximum penalties.
• Oil field exemption for waiting time as off-duty now requires waiting time to be shown on log as waiting time via remarks or separate line.

Not changed in the HOS final rule:

• 11 hours driving per day.
• 14 hour driving window per day.
• 10 consecutive hours of rest per day (off-duty and/or sleeper berth).
• Cumulative on duty not to exceed 60 hours per 7 day period and 70 hours per 8 day period on a continuous basis.

Policy Update on the Retention of Supporting Documents and the Use of Electronic Mobile Communications/Tracking Technology for HOS Compliance Review

July 2010: Effective Date

This policy update clarifies requirements for paper supporting documents to be retained with HOS records, and it provides additional guidance on a prior policy change to use electronic tracking records as supporting documents.

The policy to also apply electronic tracking records was initiated to provide enforcement with more visibility into discrepancies where paper logs do not match up with GPS location data and identified time and distance of vehicle travel.  More recently, FMCSA has also started to apply electronic tracking records in evaluating electronic log records, looking for data exceptions and discrepancies that indicate incomplete electronic log system records.

How to Prepare Your Business for HOS Compliance with Changing Regulations

For most carriers, electronic logs with EOBRs will be a big leap from manual logs, but nevertheless an important one from a safety and compliance perspective. While many carriers are contemplating the shift from manual logs to electronic logs, forward-looking carriers are adopting electronic logs so they'll be prepared when a mandate comes. Being compliant is paramount to carriers, but at the same time, many believe the technology will improve fleet productivity, safety, and their bottom line. Both EOBR regulation developments and CSA program rollout are initiatives that will serve to improve fleet safety. Where needed, they will also enforce remedial actions for carriers that are in violation or have demonstrated poor results with compliance management programs.

Start Preparing Today

Take advantage of Qualcomm's Hours of Service (QHOS), an electronic on-board recording (EOBR) system for electronic driver logs that is fully compliant with the latest FMCSA rules and regulations. Leverage HOS to help maintain regulatory compliance, reduce potential inaccuracies and risk of violations associated with manual log systems.

Features:

• Automatic near real-time updates about duty status, driving time, and remaining hours of service
• Non-driving duty status changes entered through electronic forms on the driver display
• Automatic near real-time notification of impending or actual violations to both drivers and dispatch
• Web-based carrier review of driver status and availability
• Driver-management and safety audit reports
• Automated over-the-air updates to ensure compliance and driver awareness as Hours of Service and EOBR regulatory requirements reach their effective dates

Benefits:

• Enables proactive actions to manage drivers who are having compliance issues
• Helps avoid fines and other enforcement actions associated with CSA 2010 implementation
• Supports individual and team drivers
• Provides automatic response to requests for facsimile copies of records of duty status
• Includes 24/7 hotline support for roadside inspection and audits

DISCLAIMER : Due to the continuous changing nature of government regulations, it is impossible to guarantee the accuracy of the materials contained on this website and Qualcomm does not make any guarantee or warranty as to the materials being correct, complete or up-to-date. These materials are for informational purposes only, are not intended to be legal advice, and do not necessarily reflect the opinion of Qualcomm Incorporated.