Saturday, June 27, 2009

Text of Proposed EOBR Mandate in the Highway Authorization Bill

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:
(1) COMMERCIAL MOTOR VEHICLE.—The term ‘‘commercial motor vehicle’’ has the meaning that term has under section 31132 of title 49, United States Code.
(2) ELECTRONIC ON-BOARD RECORDER.—The term ‘‘electronic on-board recorder’’ means an electronic device that acquires and stores data showing the record of duty status of the vehicle operator and performs the functions required of an automatic on board recording device in section 395.15(b) of title 19 49, Code of Federal Regulations.

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