Sec. 32301. HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES
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## SEC. 32301 HOURS OF SERVICE STUDY AND ELECTRONIC LOGGING DEVICES ###
(a)Hours of Service Study ####
(1)Field study #####
(A)In general Not later than March 31, 2013, the Secretary shall complete a field study on the efficacy of the restart rule published on December 27, 2011 (in this section referred to as the “2011 restart rule”), applicable to operators of commercial motor vehicles of property subject to maximum driving time requirements of the Secretary. #####
(B)Requirement The field study shall expand upon the results of the laboratory-based study relating to commercial motor vehicle driver fatigue sponsored by the Federal Motor Carrier Safety Administration presented in the report of December 2010 titled “Investigation into Motor Carrier Practices to Achieve Optimal Commercial Motor Vehicle Driver Performance: Phase I”. #####
(C)Criteria In conducting the field study, the Secretary shall ensure that— ######
(i)the methodology for the field study is consistent, to the maximum extent possible, with the laboratory-based study methodology; ######
(ii)the data collected is representative of the drivers and motor carriers regulated by the hours of service regulations, including those drivers and carriers affected by the maximum driving time requirements; ######
(iii)the analysis is statistically valid; and ######
(iv)the field study follows the plan for the “Scheduling and Fatigue Recovery Project” developed by the Federal Motor Carrier Safety Administration. #####
(D)Report to congress Not later than September 30, 2013, the Secretary shall submit to the Committee on Transportation and Infrastructure of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report detailing the results of the field study. ###
(b)General Authority Section 31137 is amended— ####
(1)by amending the section heading to read as follows: > > ## “SEC. 31137 Electronic logging devices and brake maintenance regulations” > ; ####
(2)by redesignating subsection
(b)as subsection (g); and ####
(3)by striking subsection
(a)and inserting the following: > > ### “(a) Use of Electronic Logging Devices > > Not later than 1 year after the date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, the Secretary of Transportation shall prescribe regulations— > > > #### “(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 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) Electronic Logging Device Requirements > > > #### “(1) In general > > The regulations prescribed under subsection
(a)shall— > > > ##### “(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) > > 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) Performance and design standards > > The regulations prescribed under subsection
(a)shall establish performance standards— > > > ##### “(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. > > > ### “(c) Certification Criteria > > > #### “(1) In general > > The regulations prescribed by the Secretary under this section shall establish the criteria and a process for the certification of electronic logging devices to ensure that the device meets the performance requirements under this section. > > > #### “(2) Effect of noncertification > > Electronic logging devices that are not certified in accordance with the certification process referred to in paragraph
(1)shall not be acceptable evidence of hours of service and record of duty status requirements under part 395 of title 49, Code of Federal Regulations. > > > ### “(d) Additional Considerations > > The Secretary, in prescribing the regulations described in subsection (a), shall consider how such regulations may— > > > #### “(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) Use of Data > > > #### “(1) In general > > The Secretary may utilize information contained in an electronic logging device only to enforce the Secretary’s motor carrier safety and related regulations, including record-of-duty status regulations. > > > #### “(2) Measures to preserve confidentiality of personal data > > The Secretary shall institute appropriate measures to preserve the confidentiality of any personal data contained in an electronic logging device and disclosed in the course of an action taken by the Secretary or by law enforcement officials to enforce the regulations referred to in paragraph (1). > > > #### “(3) Enforcement > > The Secretary shall institute appropriate measures to ensure any information collected by electronic logging devices is used by enforcement personnel only for the purpose of determining compliance with hours of service requirements. > > > ### “(f) Definitions > > In this section: > > > #### “(1) Electronic logging device > > The term ‘electronic logging device’ means an electronic device that— > > > ##### “(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) Tamper resistant > > The term ‘tamper resistant’ means resistant to allowing any individual to cause an electronic device to record the incorrect date, time, and location for changes to on-duty driving status of a commercial motor vehicle operator under part 395 of title 49, Code of Federal Regulations, or to subsequently alter the record created by that device.” > . ###
(c)Civil Penalties Section 30165(a)(1) is amended by striking “or 30141 through 30147” and inserting “30141 through 30147, or 31137”. ###
(d)Conforming Amendment The analysis for chapter 311 is amended by striking the item relating to section 31137 and inserting the following:“31137. Electronic logging devices and brake maintenance regulations.”.