If you are a LoadTrek customer, you are probably not that interested in any EOBR mandate - you're al;ready using an EOBR as part of your business. For everyone else who either has no EOBR or an older onboard device that will not meet the new requirements - this is an important and interesting topic.
If you are running any EOBR now - you are still running under 395.15 until further notice. If you intend to purchase an EOBR system, or a broader system that includes an EOBR, you will run under 395.15 - but at some point you will need to comply with 395.16. Make sure your system can comply with both. And by the way, LoadTrek does.
The FMCSA has announced its intention to vacate the current EOBR rule, and remove it from the regulations. In their announcement that they are preparing a "Supplemental Notice of Proposed Rulemaking", they state their intention to publish a broader mandate that some call EOBR 2. Want to see what EOBR 2 is all about? The public docket for the FMCSA's new rulemaking is FMCSA-2010-0167. We have a copy -
contact us if you'd like us to send it to you.
What's this new "EOBR 2" all about? It would require all motor carriers who use Records of Duty Status (RODS) to use an EOBR. If you are doing log books now, an EOBR will be required. The proposed date is 3 years after the final rule is published. Carriers who use timecards in lieu of RODS will also need to come up with a system to verify HOS compliance. Support documentation needed to verify driving time would not be required, but supporting documentation to verify non-driving time would be required.
Telematics companies will have new technical requirements, since all of the "EOBR 1" rule, including technical requirements, was vacated. The only anticipated changes are to the electronic transfer of information to enforcement. Another notice in the Federal Register will address technical requirements.
Because the court's action regarded driver harassment, the Agency will issue an OMB-approved survey of carriers and drivers as well as public listening sessions to gather information and address this Congressional requirement.
