OOSC, Part IV - Motor Carrier Failure to Comply with a Remedial Directive

FMCSA requests the assistance of CVSA members to track that carriers subject to a remedial directive are in fact in compliance. FMCSA issued regulations effective June 4, 2010 under the Final Rule, Electronic On-Board Recorders for Hours-of-Service Compliance, implementing remedial directives (in Subpart J of part 385) requiring installation of EOBRs for motor carriers found at a compliance review to be non-compliant above the 10 percent threshold rate with regulations listed in Appendix C of part 385.

FMCSA believes that significant safety benefits will result from requiring on-board devices to electronically record drivers' hours-of-service. Due to the potential increased safety risks, motor carriers that have demonstrated serious non-compliance with the HOS rules will be subject to mandatory installation of EOBRs beginning June 4, 2012. In light of the 2012 implementation of the remedial directive aspect of the Final Rule, FMCSA requests urgent consideration of the action.

FMCSA requests that CVSA place in its North American Standard Out-of-Service Criteria \"Failure to comply with a remedial directive (395.13(b)(4), 385.811(d))\".