Transportation 50

The Federal Motor Carrier Safety Administration has clarified its use of records generated by mobile communication/tracking technology with respect to the hours of service regulations and in doing so announced its intent to issue a notice of proposed rulemaking regarding the hours of service regulations by the close of 2010.  The FMCSA updated a list of supporting documents used to verify driver records of duty status.  While deleting a few items from the list, the FMCSA added "electronic mobile communication/tracking records."  Inspectors have authority to demand these records in an audit if the carrier uses such technologies.  In addition, the FMCSA announced that it would be issuing a notice of proposed rulemaking that would: (1) propose that electronic on board recorders be required for more carriers and drivers; (2) propose that motor carrier be required to develop and maintain systemic oversight of driver compliance with hours of service regulations; and (3) propose new requirements for retaining supporting documents.  The notice is expected by the end of 2010.