FMCSA Black Box Rule Challenged in Federal Court

December 16, 2010

FMCSA Black Box Rule Challenged in Federal Court

The United States Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) recently ordered JBS Carriers Inc. to install an electronic on-board recorder (EOBR) in every one of its commercial trucks -- over 700 in all -- by March 2011 or pay $81,780 in civil fines.

According to an FMCSA press release, the agency cited the carrier for 102 counts of falsifying driver's hours-of-service (HOS) records and three counts of allowing drivers with a suspended, revoked or canceled commercial driver's license to operate a motor vehicle.

Electronic On-Board Recorder Mandate to Prevent Truck Accidents

Earlier this year, the FMCSA issued a new rule that requires carriers who do not comply with HOS rules to install an EOBR in every vehicle for at least two years. Specifically, carriers with ten percent or more HOS violations found during a compliance review will be subject to the black box requirement. The FMCSA estimates that the rule will affect approximately 5,700 interstate carriers in the first year of implementation.

Owner-Operator Independent Drivers Association Challenges Mandate

The Owner-Operator Independent Drivers Association (OOIDA) and three of its members have filed a petition with the United States Court of Appeals for the Seventh Circuit, challenging the regulation. The petitioners note that the EOBR tracks movement and location of trucks only; human interaction is required to record changes in duty status and supporting documents may be required to back up manual entries.

Additionally, the petition challenges the rule under the Fourth Amendment. OOIDA and the named members claim that government-mandated 24-hour surveillance is an unjustified and dangerous intrusion on drivers' right of privacy. While warrantless searches in the workplace have been upheld, many drivers treat their rigs as their home away from home.

OOIDA says the FMCSA also ignored a federal statute to ensure EOBR devices will not be used to harass drivers. A Regulatory Impact Analysis notes that EOBRs may be used to enforce company policies and this monitoring can be used as a basis for harassing and improperly pressuring drivers. Carriers may interrupt drivers during off-duty rest periods or pressure drivers to maximize on-duty time.

It will take time for the court to hear and decide the case; in the meantime, those who have been injured in a trucking accident should contact a personal injury attorney to determine whether they have a claim for damages.

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