According to the Commercial Vehicle Safety Alliance (CVSA) and the Federal Register, on September 12, 2014, the Federal Motor Carrier Safety Administration (FMCSA) issued a Notice and Request for Comments on the agency’s plan to revise and extend an Information Collection Request (ICR)* entitled“Hours of Service (HOS) of Drivers Regulations.”
The Paperwork Reduction Act (PRA) of 1995 requires the FMCSA to submit the ICR to the Office of Management and Budget (OMB) for its review and approval. FMCSA is seeking approval to extend this ICR.
The HOS rules require most Commercial Motor Vehicle (CMV)drivers to maintain on the CMV a Record of Duty Status (RODS) current to the last change in duty status (Off Duty, On Duty, Driving, Sleeper Berth). The RODS is critical to helping roadside enforcement officials determine if CMV drivers are complying with the FMCSAs HOS rules. These rules limit driver on-duty and driving time and requiring periodic off-duty time and help the FMCSA protect the public by reducing the number of tired CMV drivers on the highways.
The FMCSRs state: ‘‘No driver shall operate a commercial motor vehicle, and a commercial motor carrier shall not require or permit a driver to operate a commercial motor vehicle, while the driver’s ability or alertness is so impaired, or so likely to become impaired, through fatigue, illness, or any other cause, as to make it unsafe for him/her to begin or continue to operate the commercial motor vehicle’’ (49 CFR 392.3). Also see 395.8.
The FMCSA rules regulate the amount of time a CMV driver may drive or otherwise be on duty, in order to ensure that adequate time is available to the driver for rest. Drivers must accurately record their duty status 24 hours a day per 49 CFR 395.8(a)(1). This RODS must be recorded in the driver’s logbook. A driver must have the RODS for the previous 7 consecutive days in the CMV at all times per Section 395.8(k)(2). The RODS must be submitted to the motor carrier along with any supporting documents, such as fuel receipts and toll tickets, which could assist the Motor Carrier in verifying the accuracy of the entries on the RODS. Motor carriers must retain these records for a minimum of 6 months from the date of receipt and make them available to enforcement officials upon request per Section 395.8 (k)(1). Currently the HOS rules allow for three methods of recording driver duty status:
(1) Paper RODS or paper logs must graph the driver’s time and location on a paper record over a 24- hour period (Section 395.8(g)).These paper logs must be present on the CMV.
(2) Time Record for ‘‘Short haul’’ CMV drivers do not have to maintain a RODS and kept in the CMV if the driver’s motor carrier maintains a time record showing for each duty day when driver reported for duty and when he or she was released from duty along with the total hours on duty (Section 395.1(e)).
(3) Electronic Logging Devices (ELDs) also known as Automatic On-Board Recording Device (AOBRD) or Electronic On Board Recording (EOBR) devices: which collect the driver’s status in electronic records are permitted if it is created and maintained by an ELD as defined by Section 395.2. These electronic records record must include all the information that would appear on RODS and the driver or motor carrier must be capable of producing this information upon demand.
On March 28, 2014, the FMCSA published a supplemental notice of proposed rule making proposing motor carriers use on-board technology to record their HOS regulations. This notice also sought public comment on this requirement (79 FR 17656).
The FMCSA is seeking to reduce the number of hours required by drivers and motor carriers to record the driver’s status by: (1) A lower estimate of the number of CMV drivers who are subject to the HOS rules and/or (2) reduce the burden by experienced by CMV drivers by using electronic HOS technology.
On June 24, 2014, the FMCSA published a Federal Register notice allowing for a 60-day comment period on this ICR. To date, the agency has received no comment in response to that notice.
Comments are being taken until October14, 2014. All comments should reference Federal Docket Management System (FDMS) Docket Number FMCSA 2014–0189.
Who is the CVSA?:
According to the CVSA’s website,the “CVSA is an international not-for-profit organization comprised of local,state, provincial, territorial and federal motor carrier safety officials and industry representatives from the United States, Canada, and Mexico. Our mission is to promote commercial motor vehicle safety and security by providing leadership to enforcement, industry and policy makers. CVSA member jurisdictions are represented by various Departments of Transportation, Public Utility and Service Commissions, State Police, Highway Patrols and Ministries of Transport. In addition, CVSA has several hundred associate members who are committed to helping the Alliance achieve its goals; uniformity, compatibility and reciprocity of commercial vehicle inspections, and enforcement activities throughout North America by individuals dedicated to highway safety and security.” CVSA is based in Greenbelt, MD.
What is an ICR?:
An ICR is a set of documents that describe reporting, record keeping, survey, or other information collection requirements imposed on the public by a federal agency. Each request for collection, must be sent to and approved by the Office of Management and Budget before a collection begins. The ICR process provides an overview of the collection of information and allows time for the public to respond.
