August 2011
Image via WikipediaA federal appeals court Friday tossed out the electronic onboard recorder rule, saying it does not do enough to prevent harassment of drivers.
In response to a petition by several independent drivers and the Owner-Operator Independent Driver Association, the U.S. Court of Appeals for the Seventh Circuit vacated the rule and sent it back to the Federal Motor Carrier Safety Administration for review.
The rule, scheduled to take effect next June, will require habitual violators of the hours of service rules to install EOBRs. Some 5,700 interstate carriers are likely to be affected, the agency has estimated. This rule is the precursor to a much broader mandate that will cover practically all carriers, probably several years from now.
The panel of three judges found that the agency did not provide enough detail on how it intends to prevent carriers from harassing drivers through these devices.
The agency does say in the rule that it is legally required to prevent harassment, but does not go into detail on how that will be accomplished.
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