§31137 Electronic Logging Devices and Brake Maintenance Regulations

Summary

Within 1 year after the Commercial Motor Vehicle Safety Enhancement Act of 2012 became law, the Secretary of Transportation must write rules requiring most interstate commercial trucks driven by drivers who follow the hours-of-service rules in 49 C.F.R. part 395 to have electronic logging devices (ELDs). The rules must make ELDs help drivers follow hours-of-service, not be used to harass drivers, and must: record hours-of-service accurately, record vehicle location, be tamper resistant, and sync with the engine or know when the vehicle is running. Officers must be able to read ELD data during a roadside inspection. The rules will take effect 2 years after the final rule is published, except that carriers doing "driveaway-towaway" moves of motor homes or RV trailers may use either paper duty logs or an ELD. The Secretary must set technical standards for a common user screen, secure and standard ways to identify drivers, access and transfer data between vehicles, store carrier data, and let law enforcement move data, and must use a recognized method to make devices tamper resistant. The Secretary must create a certification process so only approved ELDs count as records. Uncertified devices cannot be used as official evidence of hours-of-service. The Secretary should consider cutting paper record rules when ELD data replaces them and must protect personal data and limit use of ELD information to enforcing motor carrier safety and hours rules. Electronic logging device: a device that automatically and accurately records a driver’s hours and meets the Secretary’s requirements. Tamper resistant: built to stop people from changing a device’s date, time, location, or driving records. The Secretary must also keep rules to improve brake maintenance and inspections and set minimum training and qualifications for the employees who do that work.