The Federal Motor Carrier Safety Administration (FMCSA) has finally issued a final rule that rescinds a previous “final rule” that it issued in 2010 concerning electronic onboard recorders (EOBR’s). This is FMCSA’s response to a court ruling that called on the agency to vacate its rule mandating that all noncompliant carriers have the devices installed in their trucks.
The Owner-Operator Independent Drivers Association brought suit against the initial EOBR ruling saying that the FMCSA had done nothing to ensure that the devices wouldn’t be used to harass vehicle operators. In 2011, the U.S. Court of Appeals for the Seventh Circuit agreed with them.
The FMCSA has been pushing for mandatory use of the electronic tracking devices, claiming that the technology will make the road safer by allowing more accurate tracking of hour-of-service violations, thus keeping tired drivers off the road. Although a second final rule on the matter looks dead for 2012, the FMCSA is conducting hearings and is signaling that it plans to forge ahead with mandatory use of the devices.
Whether a rule mandating use of EOBR’s is a good idea or not depends on whom you talk to. While organizations representing large truck fleets are rallying around mandatory EOBR usage, organizations representing independent truckers and smaller operators see the rule as a needless expense that does nothing to promote safety and will ultimately put them at a competitive disadvantage with the larger carriers.
The Osceola truck accident attorneys at Farah & Farah will be keeping track of the EOBR debate. We do believe that any rule designed to prevent injuries and deaths on the road, as well as to hold drowsy truck drivers accountable for hours-of-service violations, is a step in the right direction. If you’ve been involved in an accident with a truck that wasn’t your fault, we’re here to take your call at (800) 533-3555.
