HILTON HEAD, S.C. — A U.S. rule on electronic on-board recorders is not yet imminent, admitted a transportation official with the Federal Motor Carrier Safety Administration.

Speaking to fleet execs and trucking suppliers at the recent 2007 PeopleNet user conference in South Carolina — which Today’s Trucking attended — Debbie Freund said FMCSA was still reviewing public comments submitted to the agency and said that a final decision on has not been made. The comment period closed in April.

Urged on by a U.S. court, FMCSA announced in January a notice of proposed rulemaking (NPRM) for EOBRS for the purpose of monitoring HOS compliance.

Change to the HOS rule could result in the need for
new EOBR specifications, software, and training.

EOBRs — once commonly referred to as “black boxes” — will be required for a minimum of two years for carriers and independent owner-ops deemed “most likely to be a safety hazard on the road,” according to the proposal.

Carriers charged with two serious HOS review violations (with a rate of violation greater than 10%), in a two-year period, will have to fit their entire fleet with EOBRs.

Meanwhile, at the same presentation, Dave Potts, director of safety and operations for American Trucking Associations, suggested last month’s decision by the U.S. Court of Appeals to vacate the 11-hour daily driving time and the 34-hour restart provisions of the current American HOS regime could throw the timing of the EOBR rule off track.

Potts said any change to the HOS rule could result in the need for new EOBR specifications, updates to EOBR software programs and additional time to train drivers, management and roadside enforcement.

“‘How many new drivers have entered the industry that (understand) only the new rules, and have to be retrained? How many (enforcement) officers have come on the job since the new rules took effect?” he asked rhetorically.

Freund commented on the HOS dilemma by saying only that FMCSA was still reviewing the court’s decision.

While ATA generally backs the proposed EOBR rule, Potts indicated it should affect more fleets in the industry in order to balance the playing field. If an industry-wide mandate is not in the cards, at least 10 percent of violators should be required to install the devices, rather than only those carriers who have two serious violations in two years. Only a tiny portion of fleets and owner-ops would be affected by the rule as it’s currently proposed, he added.

Potts also said FMCSA needs to resolve issues pertaining to voluntary acceptance of EOBRs and work with legislators to provide meaningful incentives to encourage voluntary adoption.