FMCSA Final Rule for EOBRs Voided by U.S. Court of Appeals
Te National School Transportation Association
reported that the U.S. Court of Appeals for the 7th Circuit vacated FMCSA’s 2010 Final Rule that mandated electronic on-board recorders (EOBRs) for motor carrier companies with unsafe operating histories and noncompliance with service regulation hours. FMCSA wants to require EOBRs for all companies with a 10 percent or greater level of noncompliance in one review. Te regulation was vacated in August and sent back to
FMCSA for further proceedings. Te trucking organization Owner Operator Independent Drivers Association (OOIDA) filed suit on the rule, contending it was “arbitrary” and designed to “harass” vehicle operators into using EOBRs. Tis lawsuit also challenged FMCSA’s cost- benefit analysis showing preliminary estimates of $140 to $450 per unit. NSTA said the ruling means that, while the rule is vacated, it cannot be enforced, so FMCSA will have to reissue it to address the court’s concerns. FMCSA also has a pending NPRM that would mandate EOBRs in all commercial motor vehicles. NSTA filed comments opposing this requirement for school buses. “Te court ruling on the existing rule will no doubt slow, if not dispose of, that rulemaking as well,” stated NSTA.
NTSB Renews Call for Electronic Stability Controls, Bus Driver Cell Phone Bans
Te National Transportation Safety Board recommended to
NHTSA that it initiate rulemaking to require stability controls on all commercial buses, including school buses, in response to a serious crash near Indianapolis in October 2009. NTSB said electronic stability controls should be installed in all buses and trucks with a gross vehicle weight rating of more than 10,000 pounds to work with both hydraulic and pneumatic brake systems. Another rollover crash in 2009 involving a charter bus
previously led NTSB to urge NHTSA to initiate rulemaking to require stability control systems in all newly manufactured buses. NTSB also found that distracted driving contributed to the Arizona charter bus crash and suggested that NHTSA initiate rulemaking on lane departure systems and electronic on-board recording systems. NHTSA has not yet addressed the stability control issue, so NTSB Chairman Hersman closed the previous recommendation. Bob Riley, executive director of NASDPTS, confirmed that
school buses are included in the recommendation. Meanwhile, NTSB also recommended to FMCSA that it
strengthen its distracted-driving regulations to include a ban of all hand-held and hands-free cell phones for commercial drivers following a deadly semi crash in Kentucky last year.
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