Overdrive Magazine | Trucking Business News & Owner Operator Info
Issue link: http://read.dmtmag.com/i/293070
24 | Overdrive | April 2014 Harassment The agency says its two primary harass- ment concerns are pressures on drivers to exceed hours of service limits and "in- appropriate communications that affect drivers' rest periods." The eight proposed provisions to mitigate harassment are: Requiring drivers' access to records: The rule would require that drivers have the ability to obtain copies of their ELD records via the devices. It also would require that carriers give drivers copies of their records upon request during the six months carriers are required to keep the records. Explicitly prohibiting harass- ment: The rule says harassment means an action "involving the use of informa- tion available through an ELD… that the carrier knew or should have known would result in" a driver violating FMCSA reg- ulations regarding fatigue or illness. For instance, a carrier cannot use an ELD's data detailing a change in duty status to press an ill or fatigued driver to work even though the driver has remaining hours. Instituting complaint proce- dures: The rule implements a process by which drivers should file harassment com- plaints and what to include: the action the carrier took and how ELD technology contributed to the alleged harassment. Stiffening penalties to deter harassment: Harassment now will be considered an hours of service violation, and "the penalty for harassment would sup- plement the underlying HOS violations." Requiring mute functionality: The rule stipulates that when a driver places an ELD into sleeper berth status, the device must turn off any sound output automati- cally or at least allow the driver to mute the device manually when in sleeper mode. Instituting edit rights: The rule al- lows drivers and carriers to request chang- es to the electronic records of duty status, though a change would not overwrite the original record. All edits or annotations would be required to show who made them and why. Edits made by carriers or drivers would need to be sent to the other party for approval. Limiting portions of vehicle location tracking: The rule does not require constant real-time vehicle tracking. Location data will be sent when a driver changes duty status, a driver inputs personal use or yard moves, the truck's engine is powered on or off, and at 60-minute intervals when the vehicle is in motion. Allowing privacy in enforcement proceedings: MAP-21 directs FMCSA to institute measures to protect drivers' personal data when in- formation from an ELD is used in enforcement proceedings. To do this, the agency says it will redact information before a document is made available publicly. Hardware specifications The required devices are more techno- logically advanced than those required by the 2010 rule, FMCSA says. ELDs, as opposed to their EOBR and AO- BRD (electronic onboard recorder and automatic onboard recording device) predecessors, sync with a truck's engine. The ELDs must be tamper-resistant and able to handle the location, status change and edit functions. The rule also stipulates that the ELDs "present a graph grid of a driver's daily duty status changes" either on the units themselves or in printouts. FMCSA is working with states to devel- op software to be able to receive, analyze and display data from ELDs so that road- side officers can use the information. Supporting documents Carriers and drivers will be required to maintain documentation, paper or elec- tronic, that verifies records. For every 24-hour period, drivers and carriers must maintain documents verify- ing on-duty not-driving time, such as bills or lading or expense receipts. If there are fewer than 10 of these in the 24-hour period, all must be kept. If there are more than 10, the first and the last in the day must be kept, along with eight others in between. RecoRdeR Mandate March 28-May 27: Period of comment gathering by FMCSA that began with March 28 Federal Register publication of Supplemental Notice of Proposed Rulemaking. Second half of 2014: Barring legal complications, FMCSA could publish a final rule. Second half of 2016: Compliance date takes effect two years after publication. Countdown to e-logging The rule requires that the devices present a graphical version of duty status changes onscreen or as a printout. On website: At regulations.gov using Docket Number FMCSA-2010-0167 By email: oira_submissions@omb.eop.gov; in subject line, write Attention: Desk Officer for FMCSA, DOT By fax: 202-395-6566 By mail: Office of Information and Regulatory Affairs, Office of Management and Budget, 725 17th St. N.W., Washington, DC 20503, ATTN: Desk Officer, FMCSA, DOT How to comment ELD_Rule.indd 24 4/1/14 7:36 AM