[Federal Register Volume 79, Number 91 (Monday, May 12, 2014)]
[Rules and Regulations]
[Pages 26868-26869]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-10822]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
49 CFR Part 395
Notice of Regulatory Guidance: Automatic On-Board Recording
Devices
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of regulatory guidance.
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SUMMARY: FMCSA issues regulatory guidance on two issues involving
roadside inspection of commercial motor vehicles (CMVs) equipped with
automatic on-board recording devices (AOBRDs) to assist drivers with
hours-of-service (HOS) recordkeeping and compliance. All prior Agency
interpretations and regulatory guidance, including memoranda and
letters, may no longer be relied upon to the extent they are
inconsistent with this guidance.
DATES: This regulatory guidance is effective May 12, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Thomas Yager, Chief, Driver and
Carrier Operations Division, Federal Motor Carrier Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
Avenue SE., Washington, DC 20590, phone (202) 366-4325, email
[email protected].
SUPPLEMENTARY INFORMATION:
Legal Basis
The Motor Carrier Safety Act of 1984 (Pub. L. 98-554, Title II, 98
Stat. 2832, October 30, 1984) (the 1984 Act) authorizes the Secretary
of Transportation to regulate CMVs and equipment, and the drivers and
motor carriers that operate them 49 U.S.C. 31136(a)]. Section 211 of
the 1984 Act also gives 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 authority under 49 CFR
1.87(f) to carry out the functions vested in the Secretary by 49 U.S.C.
chapter 311, subchapters I and III, relating to CMV programs and safety
regulation.
Background
Motor carriers began to use automated HOS recording devices in the
mid-1980s to replace paper records. The Federal Highway Administration,
the agency at that time responsible for motor carrier safety
regulations, published a final rule in 1988 that defined AOBRDs and set
forth performance standards for their use (53 FR 38670, September 30,
1988).
AOBRD Display, Recording, and Printing Requirements
FMCSA has been informed that inspection officials sometimes request
drivers to provide printouts from AOBRDs, or to email or fax records of
duty status (RODS) to an enforcement official. The Agency has also been
advised that, in some cases, inspection officials have issued citations
to CMV drivers because their AOBRDs did not display certain
information.
The Federal Motor Carrier Safety Regulations (FMCSRs) have never
required AOBRDs to be capable of providing printed records at the
roadside, although a driver may voluntarily do so if his/her AOBRD has
that capability. Such printed information must meet the display
requirements of Sec. 395.15.
The AOBRD requirements for recording--but not displaying--
information reflect mid-1980s information technology. These
requirements were developed when small electronic displays were
relatively
[[Page 26869]]
uncommon and costly, and the amount and type of information they could
display were limited. The earliest displays could show only text, not
graphics--hence the requirement for the ``time and sequence of duty
status'' rather than the Sec. 395.8 graph grid. The additional
information that is recorded but not displayed is intended for use
during an audit of the carrier's HOS records.
Regulatory Guidance
FMCSA amends the April 4, 1997, publication to add questions 5 and
6 production of records during a roadside inspection.
PART 395--HOURS OF SERVICE OF DRIVERS
Add Sec. 395.15 Questions 5 and 6, to read as follows:
Question 5: What information is required to be displayed on the
AOBRD?
Guidance:
(1) Section 395.15(i)(5) requires that AOBRDs with electronic
displays must be capable of displaying the following: ``(i) Driver's
total hours of driving today; (ii) The total hours on duty today; (iii)
Total miles driving today; (iv) Total hours on duty for the 7
consecutive day period, including today; (v) Total hours on duty for
the prior 8 consecutive day period, including the present day; and (vi)
The sequential changes in duty status and the times the changes
occurred for each driver using the device.''
(2) While Sec. 395.15(c) requires additional information be
recorded by the AOBRD, only the specific information listed in Sec.
395.15(i)(5) must be displayed.
(3) The two provisions differ because of the data display
limitations of a minimally compliant AOBRD.
Question 6: Must an AOBRD be capable of providing a hardcopy
printout?
Guidance: No, the FMCSRs do not require AOBRDs to provide a
hardcopy printout for an enforcement official. As long as the
information made available for display on the AOBRD meets the
requirements of Sec. 395.15(i)(5), the driver and motor carrier are
not required to provide additional RODS documentation to an enforcement
official at the roadside. However, an enforcement official may request
that additional information be provided by email, fax, or similar means
within 48 hours for follow-up after the conclusion of the roadside
inspection.
Issued on: April 28, 2014.
Anne S. Ferro,
Administrator.
[FR Doc. 2014-10822 Filed 5-9-14; 8:45 am]
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