[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 695 Introduced in Senate (IS)]

112th CONGRESS
  1st Session
                                 S. 695

 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

                             March 31, 2011

  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.--All commercial motor 
vehicles involved in interstate commerce and operated by a driver 
subject to 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.''.
    (b) Effective Date.--The amendments made by 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 Requirements and Certification Criteria.--
            (1) Performance requirements.--The regulations prescribed 
        by the Secretary under this section shall establish performance 
        requirements that require each electronic on-board recording 
        device to--
                    (A) be integrally synchronized with the vehicle's 
                engine control module;
                    (B) identify each driver subject to the hours of 
                service and record of duty status requirements under 
                part 395 of title 49, Code of Federal Regulations;
                    (C) accurately record driving time;
                    (D) provide real-time recording of the vehicle's 
                location;
                    (E) enable law enforcement personnel to access the 
                information contained in the device during roadside 
                inspections; and
                    (F) be tamper resistant.
            (2) Certification criteria.--
                    (A) In general.--The regulations prescribed by the 
                Secretary under this section shall establish the 
                criteria and a process for the certification of 
                electronic on-board recording devices to ensure that 
                such devices meet the performance requirements under 
                this section.
                    (B) Effect of noncertification.--Electronic on-
                board recording devices that are not certified in 
                accordance with the certification process referred to 
                in subparagraph (A) shall not be acceptable evidence of 
                hours of service and record of duty status requirements 
                under part 395 of title 49, Code of Federal 
                Regulations.
            (3) Additional requirements.--The regulations prescribed by 
        the Secretary under this section shall--
                    (A) define a standardized user interface to aid 
                vehicle operator compliance and law enforcement 
                reviews;
                    (B) 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; and
                    (C) establish a standard security level for 
                electronic on-board recording devices to be tamper 
                resistant.
    (c) Effective Date; Applicability.--Beginning on a date that is not 
later than 3 years after the date of the enactment of this Act, the 
regulations prescribed pursuant to this section shall apply to all 
motor carriers, commercial motor vehicles, and vehicle operators 
subject to the hours of service and the record of duty status 
requirements under part 395 of title 49, Code of Federal Regulations.
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