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DOT/FMCSA RIN: 2126-AA89 Publication ID: Fall 2009 
Title: Electronic On-Board Recorders for Hours-of-Service Compliance 
Abstract: This rulemaking would amend the Federal Motor Carrier Safety Regulations (FMCSRs) to incorporate new performance standards for electronic on-board recorders (EOBRs) installed in commercial motor vehicles (CMVs) manufactured 2 years after the effective date of a final rule. On-board hours-of-service recording devices meeting FMCSA´s current requirements and voluntarily installed in CMVs manufactured before that date could continue to be used for the remainder of the service life of those CMVs. Motor carriers that have demonstrated a history of serious noncompliance with the hours-of-service (HOS) rules would be subject to mandatory installation of EOBRs meeting the new performance standards (a remedial directive). The motor carrier would then be required to install EOBRs in all of its CMVs regardless of their date of manufacture and to use the devices for HOS recordkeeping for a period of 2 years, unless the carrier already had equipped its vehicles with automatic on-board recording devices (AOBRDs) meeting the Agency´s current requirements under 49 CFR 395.15 and could demonstrate to FMCSA that its drivers understand how to use the devices. FMCSA would encourage industry-wide use of EOBRs by providing the following incentives for motor carriers to voluntarily use EOBRs in their CMVs: Revising the Agency´s compliance review procedures to permit examination of a random sample of drivers´ records of duty status; and providing partial relief from HOS supporting documents requirements, if certain conditions are satisfied. 
Agency: Department of Transportation(DOT)  Priority: Economically Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: Yes  Unfunded Mandates: No 
CFR Citation: 49 CFR 350    49 CFR 385    49 CFR 395    49 CFR 396   
Legal Authority: 49 USC 31502    49 USC 31136(a)    PL 104-88    PL 103.311    49 USC 31137(a)   
Legal Deadline:  None
Timetable:
Action Date FR Cite
ANPRM  09/01/2004  69 FR 53386   
ANPRM Comment Period End  11/30/2004    
NPRM  01/18/2007  72 FR 2340   
NPRM Comment Period End  04/18/2007    
Final Rule  02/00/2010    
Additional Information: Docket ID FMCSA-2004-18940
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Small Entities Affected: Businesses, Governmental Jurisdictions, Organizations  Federalism: No 
Included in the Regulatory Plan: No 
RIN Information URL: www.regulations.gov   Public Comment URL: www.regulations.gov  
RIN Data Printed in the FR: No 
Related RINs: Split from 2125-AD93 
Agency Contact:
Deborah M Freund
Senior Transportation Specialist
Department of Transportation
Federal Motor Carrier Safety Administration
MC-PSV, 1200 New Jersey Avenue, SE,
Washington, DC 20590
Phone:202 366-5370
Email: deborah.freund@dot.gov