FMSCA said it believes it reasonable address that constitutional requirement in both itsEOBR rule-making proceedings, but in light of recent litigation brought by Owner-Operator Independent Drivers Association.
The suit was brought by the Owner-Operator Independent Drivers Association against last year’s rule requiring any carrier that violates the hours of service rules 10 percent of the time to install EOBRs in its trucks. In its suit OOIDA raised concerns about the potential for EOBR harassment.
The safety agency is looking for comments on the proposal it published earlier this year that would expand the EOBR requirement to most of the industry rather than just the 10 percent violators.
The agency is required by law to consider the possibility of harassment – defined as an invasion of driver privacy – in drafting an EOBR requirement. The agency notes that the same law permits EOBRs to be used to monitor driver productivity, and there are rules that prohibit carriers from using EOBRs to harass drivers for productivity reasons.
for the meantime, The American Trucking associations announced its membership endorsed an EOBR mandate but that it believes the regulation or law several issues including:
–>Cost-effective device allowing for accurate recordings of driving of hours.
–>Access in order to protect privacy.
–>Relief from current burden of retaining additional documentation.