[Congressional Record Volume 157, Number 45 (Thursday, March 31, 2011)]
[Senate]
[Pages S2048-S2049]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. PRYOR (for himself and Mr. Alexander):
  S. 695. 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 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 twenty-first-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.
  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 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 the FMCSA is 
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

[[Page S2049]]

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 
eighteen 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. 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.
                                 ______