(a)
(1) requiring a commercial motor vehicle involved in interstate commerce and operated by a driver subject to the hours of service and the record of duty status requirements under part 395 of title 49, Code of Federal Regulations, be 1 equipped with an electronic logging device to improve compliance by an operator of a vehicle with hours of service regulations prescribed by the Secretary; and
(2) ensuring that an electronic logging device is not used to harass a vehicle operator.
(b)
(1)
(A) require an electronic logging device—
(i) to accurately record commercial driver hours of service;
(ii) to record the location of a commercial motor vehicle;
(iii) to be tamper resistant; and
(iv) to be synchronized to the operation of the vehicle engine or be capable of recognizing when the vehicle is being operated;
(B) allow law enforcement to access the data contained in the device during a roadside inspection; and
(C) except as provided in paragraph (3), apply to a commercial motor vehicle beginning on the date that is 2 years after the date that the regulations are published as a final rule.
(2)
(A) defining a standardized user interface to aid vehicle operator compliance and law enforcement review;
(B) establishing a secure process for standardized—
(i) and unique vehicle operator identification;
(ii) data access;
(iii) data transfer for vehicle operators between motor vehicles;
(iv) data storage for a motor carrier; and
(v) data transfer and transportability for law enforcement officials;
(C) establishing a standard security level for an electronic logging device and related components to be tamper resistant by using a methodology endorsed by a nationally recognized standards organization; and
(D) identifying each driver subject to the hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations.
(3)
(A) a paper record of duty status form; or
(B) an electronic logging device.
(c)
(1)
(2)
(d)
(1) reduce or eliminate requirements for drivers and motor carriers to retain supporting documentation associated with paper-based records of duty status if—
(A) data contained in an electronic logging device supplants such documentation; and
(B) using such data without paper-based records does not diminish the Secretary's ability to audit and review compliance with the Secretary's hours of service regulations; and
(2) include such measures as the Secretary determines are necessary to protect the privacy of each individual whose personal data is contained in an electronic logging device.
(e)
(1)
(2)
(3)
(f)
(1)
(A) is capable of recording a driver's hours of service and duty status accurately and automatically; and
(B) meets the requirements established by the Secretary through regulation.
(2)
(g)
|
Revised Section |
Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 31137(a) | 49 App.:2505 (note). | Nov. 18, 1988, Pub. L. 100–690, §9104(b), 102 Stat. 4529. |
| 31137(b) | 49 App.:2521. | Oct. 30, 1984, Pub. L. 98–554, 98 Stat. 2829, §231; added Nov. 18, 1988, Pub. L. 100–690, §9110, 102 Stat. 4531. |
In subsection (b), the text of 49 App.:2521(a) is omitted as executed.
References in Text
The date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (a), is the date of enactment of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012.
Amendments
2015—Pub. L. 114–94, §5508(b)(2), amended directory language of Pub. L. 112–141, §32301(b)(3). See 2012 Amendment note for subsecs. (a) to (f) below.
Subsec. (b)(1)(C). Pub. L. 114–94, §5507(1), substituted "except as provided in paragraph (3), apply to" for "apply to".
Subsec. (b)(3). Pub. L. 114–94, §5507(2), added par. (3).
2012—Pub. L. 112–141, §32301(b)(1), substituted "Electronic logging devices and brake maintenance regulations" for "Monitoring device and brake maintenance regulations" in section catchline.
Subsecs. (a) to (f). Pub. L. 112–141, §32301(b)(3), as amended by Pub. L. 114–94, §5508(b)(2), added subsecs. (a) to (f) and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: "If the Secretary of Transportation prescribes a regulation about the use of monitoring devices on commercial motor vehicles to increase compliance by operators of the vehicles with hours of service regulations of the Secretary, the regulation shall ensure that the devices are not used to harass vehicle operators. However, the devices may be used to monitor productivity of the operators." Former subsec. (b) redesignated (g).
Subsec. (g). Pub. L. 112–141, §32931(a), which directed substitution of "The Secretary shall maintain" for "Not later than December 1, 1990, the Secretary shall prescribe", was executed by making the substitution for "Not later than December 31, 1990, the Secretary shall prescribe", to reflect the probable intent of Congress.
Pub. L. 112–141, §32301(b)(2), redesignated subsec. (b) as (g).
Effective Date of 2015 Amendment
Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees.
Pub. L. 114–94, div. A, title V, §5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.
Effective Date of 2012 Amendment
Amendment by Pub. L. 112–141 effective Oct. 1, 2012, see section 3(a) of Pub. L. 112–141, set out as an Effective and Termination Dates of 2012 Amendment note under section 101 of Title 23, Highways.
1 So in original. Probably should be preceded by "to".Tried the LawStack mobile app?
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