[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3884 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3884

 To require the use of electronic on-board recording devices in motor 
   carriers to improve compliance with hours of service regulations.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 29, 2010

  Mr. Pryor (for himself and Mr. Alexander) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
 To require the use of electronic on-board recording devices in motor 
   carriers to improve compliance with hours of service regulations.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Commercial Driver Compliance 
Improvement Act''.

SEC. 2. ELECTRONIC ON-BOARD RECORDING DEVICES.

    (a) Amendments.--Subchapter III of chapter 311 of title 49, United 
States Code, is amended--
            (1) in section 31132--
                    (A) by redesignating paragraphs (2) through (11) as 
                paragraphs (4) through (13), respectively; and
                    (B) by inserting after paragraph (1) the following:
            ``(2) `driving time' has the meaning given such term under 
        section 395.2 of title 49, Code of Federal Regulations.
            ``(3) `electronic on-board recording device' means an 
        electronic device that--
                    ``(A) is capable of recording a driver's duty hours 
                of service and duty status accurately and 
                automatically; and
                    ``(B) meets the requirements under section 
                395.16(b) of title 49, Code of Federal Regulations.''; 
                and
            (2) in section 31137--
                    (A) in the section heading by striking ``Monitoring 
                device'' and inserting ``Electronic on-board recording 
                devices''; and
                    (B) by amending subsection (a) to read as follows:
    ``(a) Electronic On-Board Recording Devices.--
            ``(1) Requirement.--All commercial motor vehicles involved 
        in interstate commerce and subject to both the hours of service 
        and the record of duty status requirements under part 395 of 
        title 49, Code of Federal Regulations, shall be equipped with 
        an electronic on-board recording device to improve compliance 
        with hours of service regulations under such part.
            ``(2) Limitations of information retrieval.--
                    ``(A) In general.--Data recorded by an electronic 
                on-board recording device that meets the requirements 
                under part 395 of title 49, Code of Federal 
                Regulations, is not admissible in any civil, criminal, 
                or administrative proceeding for any purpose other than 
                establishing compliance or noncompliance with the 
                applicable Federal hours-of-service rules governing the 
                maximum driving time and minimum off-duty time 
                applicable to motor carriers and drivers.
                    ``(B) Applicability to civil and criminal 
                proceedings.--The prohibition under subparagraph (A) 
                shall apply to any civil or criminal action or 
                proceeding, whether in Federal or State court, and to 
                any administrative action, whether by Federal or State 
                authorities, unless--
                            ``(i) the owner consents to the retrieval 
                        of the information; or
                            ``(ii) the information--
                                    ``(I) is retrieved by a government 
                                motor vehicle safety agency or law 
                                enforcement agency to determine 
                                compliance with hours of service 
                                regulations under part 395 of title 49, 
                                Code of Federal Regulations, and 
                                enforcing penalties for violating hours 
                                of service regulations under such part; 
                                and
                                    ``(II) is not used by any person or 
                                entity other than a government motor 
                                vehicle agency for the purposes set 
                                forth in subclause (I) without owner 
                                consent.
                    ``(C) Defined term.--In this paragraph, the term 
                `owner' means a person or entity--
                            ``(i) in whose name the motor vehicle, 
                        which is equipped with the device from which 
                        the data is retrieved, is registered or titled; 
                        or
                            ``(ii) entitled to possession of the motor 
                        vehicle as lessee pursuant to a written lease 
                        or rental agreement.''.
    (b) Effective Date.--The amendments made under subsection (a) shall 
take effect on the effective date of the final regulations prescribed 
by the Secretary of Transportation pursuant to section 3.

SEC. 3. RULEMAKING.

    (a) In General.--Not later than 18 months after the date of the 
enactment of this Act, the Secretary of Transportation shall prescribe 
final regulations to carry out section 31137 of title 49, United States 
Code, as amended by section 2.
    (b) Performance and Design Standards.--The regulations prescribed 
by the Secretary under this section shall establish performance and 
design standards that require each electronic on-board recording 
device--
            (1) to be integrally linked or communicate with the 
        vehicle's engine control module;
            (2) to identify each individual who operates the vehicle;
            (3) to accurately record driving time;
            (4) to provide real-time tracking of the vehicle's 
        location;
            (5) to enable law enforcement personnel to access the 
        information contained in the device during roadside 
        inspections; and
            (6) to be tamper resistant.
    (c) Additional Requirements.--The regulations prescribed by the 
Secretary under this section shall--
            (1) define a standardized user interface to aid vehicle 
        operator compliance and law enforcement reviews;
            (2) establish a secure process for standardized and unique 
        vehicle operator identification, data access, data transfer for 
        vehicle operators between motor vehicles, data storage for 
        motor carriers, and data transfer and transportability for law 
        enforcement;
            (3) establish a standard security level for electronic on-
        board recording devices to be tamper resistant; and
            (4) establish a process for approving eligible electronic 
        on-board recorder systems.
    (d) Effective Date; Applicability.--The regulations prescribed 
under this section shall apply to all motor carriers, commercial motor 
vehicles, and vehicle operators subject to both the hours of service 
and the record of duty status requirements under part 395 of title 49, 
Code of Federal Regulations, beginning on the date that is 3 years 
after the date of the enactment of this Act.
                                 <all>