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Truckers facing new regulations with driver logs

Most truck drivers on the roads today use paper based log books to track the amount of hours they are on the road. Federal regulations mandate a tractor-trailer driver can only operate their vehicle for a set number of hours, typically 8-10 hours, before they must rest. There are many regulations surrounding commercial vehicle operations. You can view the details of the federal laws here: §395.1 Scope of rules in this part.

A spokesman for the committee confirmed Tuesday [June 22, 2010] that the intent of the language in the bill is to mandate EOBRs for all commercial motor vehicles.

EOBR stands for electronic on-board recorder it is is used to record the amount of time a vehicle is being driven. Currently in Europe they require truck drivers to operate with a tachograph is a device that combines the functions of a clock and a speedometer. Fitted to a motor vehicle, a tachograph records the vehicle’s speed and whether it is moving or stationary. The mechanical tachograph writes on a round piece of paper which constantly turns throughout the work day. The marker moves further from the center the faster the vehicle is moving. An entire rotation encompasses 24 hours.

Under the originally proposed EOBR rule, on which carriers and the public were allowed to comment in 2007, truck and bus companies with a history of serious Hours of Service violations would be required to install electronic on-board recorders in all of their commercial vehicles for a minimum of two years.

Concerns the trucking companies are raising involves the cost of these devices. Perhaps a small price for tax payers to pay if the federal government determines they will subsidize the purchase of such devices.  As Atlanta, GA lawyers who specialize in helping people through litigation of  truck accident cases, we have seen too often how these accidents can ruin lives. Do you know someone that has been killed in a truck accident? We have litigated a case involving a school bus, which is considered a commercial vehicle.

In a statement, the ATA said the organization had concerns over the proposed requirement, but also had some ideas about how the industry can accomplish the goal of increased enforcement of the Hours of Service rules.

“There is an electronic logging regulation currently being reviewed by the Office of the Secretary of DOT,” the ATA statement continued. “This is an amended form of the electronic logging regulation proposed in 2007 and sent to the Office of Management and Budget for final approval, but then derailed by the Obama administration.

“We supported the 2007 proposal, which required electronic logging for enforcement of HOS regulations for carriers and drivers with a history of poor HOS compliance. But we also suggested improvements to it. We do not have a position on the amended regulation because we have not seen it. It is likely to affect more trucking companies and drivers than the 2007 proposed regulation would have.

“The cost of electronic logging equipment is substantial, and if there is a federal mandate for the equipment in order to improve federal and state enforcement efforts, there should be federal funding assistance for it.”

It is uncertain when or if this bill will be passed. The bill as it is being considered reads as:

SEC. 4036. ELECTRONIC ON-BOARD RECORDERS.

(a) IN GENERAL.—Not later than one year after the date of enactment of this Act, the Secretary shall issue regulations to require commercial motor vehicles owned or operated by motor carriers subject to the Secretary’s hours-of-service regulations under part 395, Code of Federal Regulations, to be equipped with electronic on-board recorders.

(b) PERFORMANCE STANDARDS.—The regulations issued pursuant to subsection (a) shall include performance standards for electronic on-board recorders to be used to monitor compliance with the Secretary’s requirements for hours of service of drivers under part 395, Code

of Federal Regulations. Such performance standards shall ensure, at a minimum, that an electronic on-board recorder installed in a commercial motor vehicle—

(1) is synchronized to the vehicle engine or other vehicle equipment;

(2) is able to identify each individual who operates the vehicle and track the periods during which such individual operates the vehicle;

(3) enables law enforcement personnel to access information contained in the recorder quickly and easily during a roadside inspection; and

(4) is tamper-proof.

(c) APPLICABILITY.—The regulations prescribed under subsection (a) shall be phased in and shall apply to all commercial motor vehicles used by motor carriers in interstate commerce not later than 4 years after the date of the enactment of this Act.

(d) DEFINITIONS.—In this section, the following definitions apply:

Traffic accidents are bad enough. But, when they involve a tractor-trailer the effects can be exponentially devastating. July 13, 2010 the Atlanta Journal-Constitution newspaper reported: Police have arrested an El Paso, Texas, man whose tractor-trailer struck and killed a Sandy Springs woman 15 days ago.

Rosario Velez, 44, was making a phone call from the emergency lane on westbound I-285 at Riverside Drive when her minivan was hit by the 18-wheeler. Sandy Springs police said the driver, Joseph Leon Golden, 43, crossed over into the emergency lane. The collision, which caused bout 15 gallons of diesel to leak from the truck’s fuel tanks, halted all westbound traffic for more than an hour.

Golden, charged with a lane violation and second-degree vehicular homicide, is being held at the Fulton County Jail on $5,500 bond. His first court appearance is set for Wednesday morning unless he posts bail.

What factors are involved with this case are expected to come to light as the investigation continues. We will follow this story and keep you updated with any additional information.

Sources for this article include:

Oberstar’s highway bill would mandate EOBRs for all carriers within 4 years; ATA has concerns

and

Police arrest truck driver in fatal I-285 wreck