If you have read 395.16, you know that most of this EOBR rule addresses the technical aspects of an EOBR. Only a portion of the rule addresses a partial mandate - for those companies who have 10% of drivers fail the HOS portion of an audit. It is this latter part of the regulation that the court had issues with, as the FMCSA did not properly address a Congressional directive on minimizing driver harassment.
Meanwhile, the FMCSA continues to iron out the details of the EOBR rule, scheduled to become effective next year. If you are a fleet with a system that includes an EOBR - it's business as usual for you. If you are considering a system that includes an EOBR, make sure it will meet the current edition of 395.16. It is very likely that whatever changes in 395.16 - changes to the technical portion will not be substantial. If you're not going to consider an EOBR until it's absolutely necessary, you'll probably have a little more time.
Meanwhile, the FMCSA continues to iron out the details of the EOBR rule, scheduled to become effective next year. If you are a fleet with a system that includes an EOBR - it's business as usual for you. If you are considering a system that includes an EOBR, make sure it will meet the current edition of 395.16. It is very likely that whatever changes in 395.16 - changes to the technical portion will not be substantial. If you're not going to consider an EOBR until it's absolutely necessary, you'll probably have a little more time.
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