American Association for Justice Files Comments in Response to Federal Motor Carrier Safety Administration’s Notice of Proposed Rulemaking

Last month, the American Association (AAJ) for Justice filed official comments in response to the Federal Motor Carrier Safety Administrations (FMCSA) Notice of Proposed Rulemaking regarding mandatory installation and use of Electronic On-Board Recorders (EOBRs) in commercial motor vehicles (CMVs) and supporting document requirements.

The AAJ applauds FMCSA’s proposal to require certain motor carriers operating commercial motor vehicles to install and use EOBRs to document their hours of service (HOS) compliance. AAJ, like other trucking safety groups, believes that EOBRs will better enforce compliance with HOS regulations. However, AAJ raised concerns over the reduced use of supporting documents. Furthermore, AAJ sought clarification that FMCSA is staying consistent in their position on compliance with Freedom of Information Act (FOIA) requests and discoverability of EOBR data (FMCSA has previously taken the position that nothing in EOBR regulations affect the ability of litigants to request EOBR data or FOIA requests.)