[Federal Register Volume 77, Number 101 (Thursday, May 24, 2012)]
[Rules and Regulations]
[Pages 30921-30922]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-12693]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 395


Regulatory Guidance on Entering Data in an Automatic On-Board 
Recording Device While Commercial Motor Vehicle Is in Motion

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of regulatory guidance.

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SUMMARY: FMCSA issues regulatory guidance to clarify that a co-driver 
may make entries to an automatic on-board recording device (AOBRD) 
while a commercial motor vehicle (CMV) is in motion. The prohibition in 
49 CFR 395.15 against making entries to an AOBRD while the vehicle is 
in motion pertains only to the current driver. This guidance responds 
to recent inquiries from manufacturers of recording devices concerning 
updates to the duty status of co-drivers making the transition from the 
passenger seat to the sleeper berth or vice versa.

DATES: This regulatory guidance is effective May 24, 2012.

FOR FURTHER INFORMATION CONTACT: Thomas L. Yager, Chief, Driver and 
Carrier Operations Division, Office of Bus and Truck Standards and 
Operations, Federal Motor Carrier Safety Administration, 1200 New 
Jersey Ave. SE., Washington, DC 20590. Email: [email protected]. Phone 
(202) 366-4325.

SUPPLEMENTARY INFORMATION: 

Legal Basis

    The Motor Carrier Act of 1935 provides that ``The Secretary of 
Transportation may prescribe requirements for (1) qualifications and 
maximum hours of service of employees of, and safety of operation and 
equipment of, a motor carrier; and (2) qualifications and maximum hours 
of service of employees of, and standards of equipment of, a motor 
private carrier, when needed to promote safety of operation'' [49 
U.S.C. 31502(b)].
    The Motor Carrier Safety Act of 1984 (MCSA) confers on the 
Secretary the authority to regulate drivers, motor carriers, and 
vehicle equipment. It requires the Secretary to prescribe safety 
standards for CMVs. At a minimum, the regulations must ensure that (1) 
CMVs are maintained, equipped, loaded, and operated safely; (2) the 
responsibilities imposed on operators of CMVs do not impair their 
ability to operate the vehicles safely; (3) the physical condition of 
operators of CMVs is adequate to enable them to operate the vehicles 
safely; and (4) the operation of CMVs does not have a deleterious 
effect on the physical condition of the operator [49 U.S.C. 31136(a)]. 
The Act also grants the Secretary broad power to ``prescribe 
recordkeeping and reporting requirements'' and to ``perform other acts 
the Secretary considers appropriate'' [49 U.S.C. 31133(a)(8) and (10)].
    The Administrator of FMCSA has been delegated the authority to 
carry out the functions vested in the Secretary by the Motor Carrier 
Act of 1935 [49 CFR 1.73(l)] and the MCSA [Sec.  1.73(g)]. The 
provisions affected by this Notice of Regulatory Guidance are based on 
these statutes.

Reason for This Notice

    This document adds regulatory guidance to clarify that a co-driver 
may make entries to an AOBRD while the CMV is in motion. The AOBRD 
regulation states that duty status may ``* * * be updated only when the 
commercial motor vehicle is at rest * * *'' [Sec.  395.15(i)(2)]. 
However, this restriction pertains only to the current driver. This 
guidance is provided in response to recent inquiries from manufacturers 
of recording devices concerning updates to the duty status of co-
drivers making the transition from the passenger seat to the sleeper 
berth or vice versa.
    This guidance will not contribute to distracted driving because the 
driver is still prohibited from making duty status entries in the AOBRD 
while driving.
    For the reasons explained above, FMCSA issues new Regulatory 
Guidance, Question 4 to FMCSR Sec.  395.15.

Part 395--Hours of Service of Drivers

Section 395.15, ``Automatic On-Board Recording Devices''

    Question 4: Are automatic on-board recorders (AOBRDs) required to 
be designed and maintained to prevent team drivers in a non-driving 
duty status from making updates to their electronic record of duty 
status while the vehicle is in motion?
    Guidance: No. AOBRDs are required only to prevent updates to the 
electronic record by the person who is actually driving while the 
vehicle is in motion. The on-board recorder must be capable of 
recording separately each driver's duty status when there is a multiple 
driver operation (49 CFR 395.15(i)(6)). Therefore, a system designed 
and maintained to handle multiple drivers would have a means for 
drivers to identify themselves and prevent the

[[Page 30922]]

current driver from making entries on the electronic record (except 
when registering the time the vehicle crosses a State boundary) until 
the vehicle is at rest. However, the system may allow a co-driver to 
log into the system at any time to make updates while the vehicle is in 
motion.

    Issued on: May 11, 2012.
Anne S. Ferro,
Administrator.
[FR Doc. 2012-12693 Filed 5-23-12; 8:45 a.m.]
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