Federal Motor Carrier Safety Administration Proposes New EOBR Rules for Trucks

April 15, 2011

The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has issued a regulatory proposal requiring interstate commercial truck and bus companies to install electronic on-board recorders (EOBRs) to monitor the number of hours their drivers are on the road. FMCSA proposes mandatory installation and use of EOBRs in all commercial motor vehicles (CMV) for which the use of Record of Duty Status (RODS) is currently required.

EOBRs are devices attached to commercial vehicles that automatically record the number of hours drivers spend operating the vehicle. Several carriers, including Schneider National, Maverick USA, J.B. Hunt, Knight Transportation and U.S. Express Enterprise, have already installed EOBR technology on their fleets. Approximately 500,000 carriers would be affected by the proposed rule.

Penalties

To ensure compliance, the FMCSA has enforcement authority. Carriers that violate this EOBR requirement would face civil penalties of up to $11,000 for each offense. Noncompliance would also negatively affect a carrier's safety fitness rating and DOT operating authority. In April 2010, FMCSA issued a final rule that mandates EOBRs for interstate carriers with serious patterns of Hours of Service (HOS) violations.

What Is An EDR Or EOBR?

The National Highway Safety Transportation Administration (NHSTA) defines the term EDR, as a "device installed in a motor vehicle to record technical vehicle and occupant information for a brief period of time (seconds, not minutes) before, during and after a crash. For instance, EDRs may record
- pre-crash vehicle dynamics and system status,
- driver inputs,
- vehicle crash signature,
- restraint usage/deployment status, and
- post-crash data such as the activation of an automatic collision notification (ACN) system."

EDRs are devices that record information related to an "event." For NHSTA, an event is defined as a highway vehicle crash. For the FMSCA, an event has a broader definition; the EOBRs will be used to determine compliance with HOS for drivers.

What EDRs Do

Electronic Data Recorders are the outcome of the computerization of engine controls manufactures added to their vehicles to improve performance and efficiency in the 1990s. The computers manage many elements of the engine/drive train and collect data, which can be later retrieved.

In the case of "Vehicle Speed," the data is actually a calculation based on the rotational speed of the output shaft of the transmission. This measured speed is then used along with other inputs (such as the tire size and rear axle ratio) to compute a wheel speed. This wheel speed is interpolated to produce a "Vehicle Speed."

In most cases, this report is very accurate, and has been found to be within one mph of the actual speed. However, because this is a calculation based on a number of variables, any change to a variable can compromise the accuracy of the final number.

What Counts As An Event?

What 'event' data does an event data recorder record? The data recorded may include:
- The active fault codes (problems with the engine)
- The audit trail for the truck, showing when changes were made to the electronic engine parameters
- An electronic maintenance record of the truck
- The speed at which the truck is governed, both by the accelerator pedal and cruise control system
- Information about compliant driving incentives, such as increasing horsepower to drivers who meet fuel-consumption goals.
- Some show the trucks' usage pattern for the previous 30 days.

All of this information can be very helpful in post-accident reconstruction work. FMCSA expectation with this rule is to improve HOS compliance. Because driver fatigue is a major cause of trucking accidents, the rule should help reduce accidents and improve highway safety.

No Changes From Congress

Last year, a proposed bill would have required EDRs to be installed on passenger vehicles. The bill, called the Research of Alcohol Detection Systems for Stopping Alcohol-related Fatalities Everywhere, or ROADS SAFE, Act.

A second proposal incorporated measures from legislation Sen. Tom Udall introduced in April - called the Vehicle Event History Information Capturing Leads to Engineering (VEHICLE) Safety Improvements Act of 2010 - that would improve vehicle safety by requiring Event Data Records (EDRs) to be installed in most vehicles.

Both of these measures failed to become law. The bills could be reintroduced in this session of Congress, but it is unlikely. Without further action by Congress, the agency action will be limited to commercial vehicles.

What If You Have Been Injured in a Trucking Accident?

If you have been involved in an accident with a semi truck or other commercial truck, speak with an attorney experienced with handling cases with forensic examination of electronic data recorders. They can review your facts and advise you of your options.

Article provided by Clint Brasher Attorney at Law PC
Visit us at www.brasherattorney.com