www.safetyandhealthmagazine.com/articles/dot-seeking-comment-on-possible-driver-harassment-from-eobr-use-2

DOT seeking comment on possible driver harassment from EOBR use

April 13, 2011

Washington – The Department of Transportation is requesting comment by May 23 on whether commercial motor vehicle drivers have experienced harassment from law enforcement through use of electronic onboard recorders, according to a notice (.pdf file) published in the April 13 Federal Register.

The Federal Motor Carrier Safety Administration on Feb. 1 published a notice of proposed rulemaking (.pdf file) that would require EOBRs for CMV operators who must keep records of duty status.

In a final rule (.pdf file) published April 5, 2010, the agency mandated EOBR use by motor carriers found to have significant hours-of-service violations. The final rule also warned that EOBRs should not be used to harass drivers, although motor carriers can use them to monitor productivity. The compliance date for the final rule is June 4, 2012.

The April 13 notice is in response to privacy concerns from the Grain Valley, MO-based Owner-Operator Independent Drivers Association. OOIDA recently challenged FMCSA’s EOBR final rule in a lawsuit (.pdf file).