[Congressional Record Volume 156, Number 133 (Wednesday, September 29, 2010)]
[Senate]
[Pages S7797-S7799]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PRYOR (for himself and Mr. Alexander):
  S. 3884. A bill to require the use of electronic on-board recording 
devices in motor carriers to improve compliance with hours of service 
regulations; to the Committee on Commerce, Science, and Transportation.
  Mr. PRYOR. Mr. President, I come to the floor today to introduce 
legislation with Senator Alexander of Tennessee that I believe will 
have a dramatic impact on the safety of our Nation's highways and 
interstates, called the Commercial Driver Compliance Improvement Act. 
This bill will require the Department of Transportation's Federal Motor 
Carrier Safety Administration, FMCSA, to implement regulations 
requiring the use of electronic on-board recording devices, EOBRs, for 
motor carriers in order to improve compliance with Hours-of-Service, 
HOS, regulations. Requiring the use of these technologies in motor 
carriers will not only improve compliance with HOS regulations, but it 
will also reduce the number of fatigued commercial motor vehicle 
drivers on the road. This will have a profound impact on highway safety 
and reduce accidents and fatalities on our highways and interstates.
  Hours-of-Service regulations place limits on when and how long 
commercial motor vehicle drivers may drive. These regulations are based 
on an exhaustive scientific review and are designed to ensure truck 
drivers get the necessary rest to drive safely. In developing HOS rules 
the FMCSA reviewed existing fatigue research and worked with 
nongovernmental organizations like the Transportation Research Board of 
the National Academies and the National Institute for Occupational 
Safety. HOS regulations are designed to continue the downward trend in 
truck driving fatalities and maintain motor carrier operational 
efficiencies.
  Unfortunately, compliance with HOS regulations is often spotty due to 
inaccurate reporting by drivers as they are

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only required to fill out a paper log, a tracking method that dates 
back to the 1930s. Inaccurate reporting may result from an honest 
mistake or an intentional error by a driver seeking to extend his work 
day. These inaccuracies can lead to too much time on the road leaving 
the driver fatigued and placing other drivers at risk. After listening 
to the many interest groups and experts on this issue in meetings and 
Commerce, Science and Transportation Committee hearings, I have come to 
learn that there is an available and affordable 21st century technology 
that can ensure accurate logs, enhance compliance, and reduce the 
number of fatigued drivers on the road. They are being used today, and 
they are producing results. I believe that widespread utilization of 
these devices as soon as possible will significantly reduce further 
loss of life resulting from driver fatigue.
  Our legislation will require motor carriers to install in their 
trucks an electronic device that performs multiple tasks to ensure 
compliance with HOS regulations. These devices must be engaged to the 
truck engine control module and capable of identifying the driver 
operating the truck, recording a driver's duty status, and monitoring 
the location and movement of the vehicle. Requiring electronic log 
books that are integrally connected to the vehicle engine as this bill 
requires will dramatically increase the accuracy of information 
submitted for hours of service compliance. Our bill will also require 
these recording devices to be tamper resistant and fully accessible by 
law enforcement personnel and federal safety regulators only for 
purposes of enforcement and compliance reviews.

  While I understand that some drivers may be reluctant to transition 
to electronic logging devices, I strongly believe that the safety 
benefits of the use of these devices far outweigh the costs. I don't 
want to see more lives lost due to driver fatigue resulting from log 
book manipulation. I also believe that with the rapid development of 
electronic technology, especially in the wireless telecommunications 
area, we will see strong competition among EOBR manufacturers and 
reduced costs for these technologies. In addition, the price of these 
products should go down as the demand increases through regulatory 
requirement to utilize this equipment.
  In order to protect the privacy of the driver, an issue which I know 
is a major concern among truck drivers, this legislation would 
explicitly provide privacy protections for use of information beyond 
enforcement and compliance monitoring. Ownership of data is protected 
for the owner of the vehicle or the person entitled to possession of 
the vehicle as the lessee.
  Senator Alexander and I are not alone in calling for this technology 
to be more widely used by commercial vehicles. There are a number of 
Senators, including Senator Lautenberg, who have long been strong 
proponents of implementing the use of this technology. In addition, 
multiple federal agencies and nongovernmental organizations have 
recognized the benefits of this technology and called for its 
widespread use.
  For example, Mr. Francis France of the Commercial Vehicle Safety 
Alliance witness stated at the April 28, 2010, Senate Committee on 
Commerce, Science, and Transportation hearing on Oversight of Motor 
Carrier Safety Efforts that:

       All motor vehicles should be equipped with EOBRs to better 
     comply with Hours of Service laws . . . CVSA has been working 
     with a broad partnership to help provide guidance to achieve 
     uniform performance standards for EOBRs.

  Similarly, the Chairman of the National Transportation Safety Board, 
the Honorable Deborah Hersman, stated at the same hearing that:

       For the past 30 years, the NTSB has advocated the use of 
     onboard data recorders to increase Hours of Service 
     compliance . . . the NTSB recommended that they be required 
     on all commercial vehicles.

  During the same hearing, Ms. Jacqueline S. Gillan, with the Advocates 
for Highway and Auto Safety stated that:

       We regard the mandatory, universal installation and use of 
     EOBRs as crucial to stopping the epidemic of hours of service 
     violations that produce fatigued, sleep-deprived commercial 
     drivers . . . at very high risk of serious injury and fatal 
     crashes.

  I have also heard from Administrator Ferro of the FMCSA on her 
thoughts of how EOBRs would enhance compliance and improve highway 
safety. The FMCSA recently implemented a rule to require that these 
devices be mandated for truck drivers and trucking companies that have 
been found to be noncompliant with FMCSA rules. These rules will be 
effective in June 2012. It is my understanding that they are looking to 
expand these requirements to include more motor carriers, and I support 
those efforts as they reflect the qualities and intent of this 
legislation.
  Finally, in addition to the support from safety advocates and Federal 
transportation safety officials, I have also heard from a number of 
Arkansas trucking companies currently utilizing this technology. These 
companies have experienced reductions in driver fatigue, increases in 
compliance, and reductions in insurance premiums. The executives of 
these companies, which include J.B. Hunt and Maverick U.S.A. among 
others, support the expanded use of these devices to increase 
compliance, improve highway safety, and level the playing field among 
the industry. I agree with their views on the importance of widespread 
utilization of this safety and compliance device.
  The Commercial Driver Compliance Improvement Act, if enacted, will 
require the Department of Transportation to issue regulations within 18 
months from enactment to require commercial motor vehicles used in 
interstate commerce to be equipped with electronic onboard recorders 
for purposes of improving compliance with hours of service regulations. 
The regulation will apply to commercial motor carriers, commercial 
motor vehicles, and vehicle operators subject to both hours of service 
and record of duty status requirements three years after the date of 
enactment of this act. This population represents a vast majority of 
drivers and carriers who operate trucks weighing 10,001 pounds or more 
involved in interstate commerce. It will cover one hundred percent of 
over-the-road, long-haul truck drivers.
  I urge my colleagues in the Senate to recognize the importance of 
this technology in saving lives on our nation's highways and 
interstates. I also ask for their support for this legislation and help 
in moving it to the President as quickly as possible. While I 
understand our time in the 111th Congress is quickly shrinking as the 
number of legislative days are limited, it is my hope that we move this 
legislation through the Senate no later than the Surface Transportation 
Reauthorization legislation that the Senate will take up in the near 
future.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3884

       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.

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       ``(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.
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