II 111th CONGRESS 2d Session S. 3884 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.

1.

Short title

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

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.

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.