II 112th CONGRESS 1st Session S. 695 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.

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

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.

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.