Issue link: https://read.dmtmag.com/i/70194
For the Record FMCSA overturns partial EOBR mandate T from STAFF REPORTS he Federal Motor Carrier Safety Administration has issued a final rule that formally rescinds its April 2010 final rule concern- ing electronic onboard recorders for hours-of-service compliance. FMCSA's action responds to a court decision that vacated the rule that would have mandated EOBRs on all trucks used by certain non- compliant carriers. The U.S. Court of Appeals for the Seventh Circuit in August 2011 vacated the agency's EOBR rule following a challenge by the Owner-Operator Independent Drivers Association. OOIDA had argued that the final rule had not met federal regulations stipulating FMCSA ensure the devices not be used to harass vehicle operators. An EOBR mandate that would cover all carriers, though, is included in the Senate's version of a multiyear highway bill that, at press time, was in a House-Senate conference committee. It's not known if the committee's compro- mise version of the two bills will include the mandate or not. Despite the appeals court decision, FMCSA on Feb. 10 announced its intent to move forward with rulemaking regard- ing EOBRs and hours of service. FYI | SHELL SUPERRIGS COMPETITION RESULTS | Driver John O'Keefe won Best of Show at the 2012 Shell Rotella SuperRigs competition held May 17-19 in at the Joplin Speedco in Joplin, Mo., with his 2007 Peterbilt 379 Legacy. The truck, called "Low Life," also captured first place in the Best Interior, Best Theme, Best Chrome, Best Lights and Best Engine categories. Paul Rissler of California, Mo., won Best of Show, first runner-up and $4,000 with his 1996 Peterbilt 379, and TJ Timblin of West Bend, Wis., 10 | TRUCKERS NEWS | JULY 2012 The agency also announced via the Federal Register steps to obtain comprehensive data to support its rulemaking, including: of driver harassment (held in March and April). Safety Advisory Committee to assist in developing material to support the rulemaking, including technical specifications for EOBRs and their potential to be used to harass drivers. - ing drivers, carriers and vendors was awarded Best of Show, second runner-up and $2,500 for his 2005 Kenworth 900L. Twelve trucks were selected at the Shell Ro- tella SuperRigs competition for its 2013 calendar. The trucks and their owners are Larry Pruitt of St. Clair, Mo., 2007 Mack CHN-613; Ron Saris of Leamington, Ontario, 2000 Kenworth W900; Chad Blackwell of Greenville, Va., 2007 Peterbilt 379; John O'Keefe of Portland, Conn., 2007 Peterbilt 379 Legacy; Dan Look of Appleton, Wis., 2004 Peterbilt 379; Josh Ihlenfeld of Owatonna, Minn., 2005 Kenworth W900; Jeremiah Wolfe of Roanoke, Va., 1998 Kenworth W900L; Don Wood of Denmark, Wis., 2003 Peterbilt 379; Caleb regarding harassment issues. The Motor Carrier Safety Advi- sory Committee on Feb. 8 finalized a report on mitigating the use of EOBRs to harass drivers that pro- vides suggestions to FMCSA. The document contained information the agency should explore in any rulemaking on EOBRs for hours of service compliance. Harassment issues relative to elec- tronic logs cover driver relationships with law enforcement personnel and carriers, tilting heavily toward the latter and favoring drivers' positions in certain instances. Eilers of Odessa, Texas, 2000 Peterbilt 379; Larry Bontrager of Kolona, Iowa, 2007 Peterbilt 379; Albert Tocci of Inola, Okla., 1955 Mack LTL; and Travis Buhr of Adams, Neb., 2001 Peterbilt. | PROPOSED RULE WOULD MANDATE STABILITY SYSTEM | The DOT's National High- way Traffic Safety Administration announced in May a proposed federal motor vehicle safety standard to require electronic stability control systems on large commercial trucks, motor- coaches and other large buses. Agency research shows the technology could continued on page 13