UPDATED 07/06/12: Landry-Rahall amendment will not stop EOBR mandate

Political grandstanding to have no impact on rule being promulgated
An electronic logging device.

An attempt to legislate an end-run around the House and Senate agreement on a mandate for electronic onboard recorders(EOBRs)—also known as electronic logging devices-- appears to be much ado about nothing.

Language calling for an EOBR mandate was contained within the latest highway reauthorization bill—dubbed the Moving Ahead for Progress in the 21st Century Act (MAP 21)— which passed both the House and Senate last Friday, June 29. The wording regarding EOBRs in the new highway bill stated that all motor carriers that must file a record of duty status (RODS) will be required to do so with an electronic logging device. 

On the very same day that MAP 21 was passed (and by a wide margin), Rep. Jeff Landry(R-LA) and Rep. Nick Rahall(D-WV) launched an attempt to strip away federal funding for the EOBR mandate in the highway bill by co-introducing an amendment to the House version (H.R. 5972) of the FY2013 appropriations bill for the Dept. of Transportation (DOT) and other agencies. H.R. 5972 remains before the House and may not even be taken up by the Senate until after the November elections.

The Landry-Rahall amendment stated that “none of the funds made available by this act [meaning not MAP 21 but the DOT funding bill] may be used to promulgate or implement any regulations that would mandate global positioning system (GPS) tracking, electronic on-board recording devices or event recorders in passenger or commercial motor vehicles.”

Were it even to wind up as part of the final DOT appropriations bill (which is doubtful as it only passed the House via a weakly attended voice vote), the amendment to H.R. 5972 would amount to pointless political grandstanding because the EOBR mandate will not need to be funded by the DOT funding measure.

To be perfectly clear, nothing in the Landry-Rahall amendment would prevent the Federal Motor Carrier Safety Administration (FMCSA) from going ahead with its on-going EOBR rulemaking.

According to FMCSA’s calendar, it will issue a Supplemental Notice of Proposed Rulemaking (SNPRM) early next year, which will trigger a public-comment period and, ultimately, lead to release of the final EOBR rule.

That’s the expectation of both David Heller, director of safety & policy for the Truckload Carriers Assn., and Tom Cuthbertson, vice president of regulatory compliance for Xata, a provider of EOBR solutions.

Cuthbertson told FleetOwner that the EOBR mandate does not require any funding from the Appropriations Committee and that funding for the rule can be directed from any of several sources, therefore “the amendment will have no effect on the EOBR language or its implementation.”

“Regardless of the amendment,” Heller told FleetOwner, “FMCSA Is still required to execute and EOBR mandate. It is TCA’s understanding that this attempt to de-fund [the EOBR mandate] is not viable. He also pointed out that once the EOBR rule is finalized, “it will be the carriers that will pay to implement it by adding electronic logging devices to their trucks.”

“FMCSA was already working on an EOBR regulation,” noted Cuthbertson, “so it was not technically ‘mandated’ in the highway bill.”

According to Cuthbertson, right now FMCSA is working to incorporate necessary technical specifications for electronic logging devices into its SNPRM. “FMCSA is moving forward with its EOBR rulemaking and that is a process already funded.”

And, perhaps alluding to how things work  on Capitol Hill, in a statement on the Landry-Rahall amendment, Gov. Bill Graves, president & CEO of the American Trucking Assns. said that while “opponents of honest, fair and efficient enforcement of important safety rules have used this back door to thwart the will of Congress, we fully expect that the language of the conference report [for MAP-21] – agreed to by House and Senate leaders of both parties – will be the final word on the use of electronic logs and that DOT will quickly move to require this important safety technology on all trucks.”

UPDATED (07/06/12):

The Owner-Operator Independent Drivers Assn. (OOIDA), which has long been a strongly vocal opponent of an EOBR rulemaking, contends that if the Landy-Rahall amendment ultimately becomes law it will indeed stop the EOBR mandate, according to Rod Nofziger, OOIDA’s chief of staff/special assistant to the president.

The “contentions [of Heller and Cuthbertson] that if enacted the Landry Amendment will have no impact on an EOBR rulemaking are simply wrong,” Nofziger told FleetOwner.

“The transportation appropriations bill funds all DOT functions, personnel, equipment, etc,” he continued. “If that [Landry-Rahall] amendment is in the final appropriations bill, FMCSA will be prohibited from using any resources to mandate EOBRs during the fiscal year [2013].”

The federal government’s 2013 fiscal year runs from October 2012 to September 2013.

 

 

Discuss this Article 14

Anonymous (not verified)
on Jul 5, 2012

More like comunism every day

Michael J O'Donoghue (not verified)
on Jul 5, 2012

they must have known it would not pass any other way except going thru the back door they should pay for u.s. trucking companys just like obama and ray la hood did for the mexican companys, just another way our crooked goverment works.

Anonymous (not verified)
on Jul 5, 2012

They are going to do what they want no matter what we say... its the government and they want as much money, power, and control as they can get.

keystone trucker (not verified)
on Jul 5, 2012

I sent this article to a staffer in my representative's office in Washington. They told me that the article is flat wrong. Government agencies can't do anything without funding and this amendment would specifically block the funding for mandating EOBRs. According to the staffer, if the Landry amendment made it into the final bill and an FMCSA employee did any work related to an EOBR mandate, including writing the regulation, they would be in violation of the law. The DOT funding bill has authority over the language in the Highway Bill. Further, DOT can not get money from other sources, including private companies, to do this rulemaking.

Larry Waggoner (not verified)
on Jul 6, 2012

Very amused. The statement, "Will of Congress" This is laughable. This takes common sense. Do you really believe Congress has common sense? one thing is correct. Carriers will pay. That means all small leased owner operators will pay.
Do you folks at Fleet Owner realize that the small fleets are here? We pay for all of this.
It appears to us you folks have lost touch with with small fleet owners. You seem to cater to the big boys. We guess that is normal. EBOR's promote safety. Every one that believes that stand on their heads and stack marbles.........

2nd generation trucker/small fleet (not verified)
on Jul 19, 2012

another clever way for the mega carriers to control their undertrained uninformed drivers,it isn't about safety its about control and making people perform no matter what.Hiding this garbage under the word safety makes me laugh one trip up why 287 will show you that elogs have nothing to do with safety just carrier profits

calliewalls
on Jul 23, 2012

it has big effect of the industry in fleet management solutions
http://www.fleet-management-solutions.net/

Anonymous (not verified)
on Jul 28, 2012

“it will be the carriers that will pay to implement it by adding electronic logging devices to their trucks.”

And there are far more small Ownere Operator Carriers then BIG CARRIERS but we dont have PAID FOR BRIBERY EXPERTS next to Congress. Its time we bought ourselves a congress man or two....the best country and laws money can bribe, or buy, Lobbyists with ATA funds attemting to circumvent the laws and regulations fo fair and honest competition. They dont want small carriers.....I darn sure wont buy anything made by XATA

SBI (not verified)
on Aug 2, 2012

if this becomes law, this will cost everyone in the US a lot of money! we have people making decisions about things they know nothing about!

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harry11
on Apr 25, 2013

The logging device that they offer are so good. It is so important to be able to use them for safety. so much good info that comes from these devices that you can use. shutters Bowmanville

gum
on May 22, 2013

This is a nice article. My friend who goes to a auto mechanic school said to keep up the good work of posting these articles.

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