WASHINGTON -- The Federal Motor Carrier Safety Administration is asking for additional comments on whether its proposed mandate EOBRs sets up the possibility of driver harassment.
The agency doesn't believe its proposal would lead to driver harassment and privany violations during roadside inspections, but in reaction to a recent suit challenging that fact, it wants to be sure that everyone has a chance to comment on the issue.
The suit was brought by the Owner-Operator Independent Drivers Association (OOIDA) against last year's preliminary rule requiring any carrier that violates the hours of service rules 10 percent of the time to install EOBRs in its trucks. (FMCSA more recently proposed an EOBR mandate covering all carriers regardless of their violation rate).
The suit is now under review by the U.S. Court of Appeals for the Seventh Circuit.
The agency is required by law to consider the possibility of harassment -- defined as an invasion of driver privacy -- in drafting an EOBR requirement.
It would like interested parties to comment on several questions:
* Any experience drivers have had regarding harassment, including coercion by carriers to evade the hours of service rules.
* Whether such actions would be permitted as part of the EOBR productivity monitoring function.
* Whether EOBRs would impact the ability of carriers or shippers to coerce drivers to violate the hours of service rules.
* Whether there should be additional rules to ensure that EOBRs are not used for harassment.
Deadline for comments is May 23.
-- with files from Truckinginfo.com
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