49 U.S.C. § 31137: Electronic logging devices and brake maintenance regulations

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 1 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 1 So in original. Probably should be preceded by “to”. ensuring that an electronic logging device is not used to harass a vehicle operator. to accurately record commercial driver hours of service; to record the location of a commercial motor vehicle; to be tamper resistant; and to be synchronized to the operation of the vehicle engine or be capable of recognizing when the vehicle is being operated; allow law enforcement to access the data contained in the device during a roadside inspection; and except as provided in paragraph (3), 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. defining a standardized user interface to aid vehicle operator compliance and law enforcement review; and unique vehicle operator identification; data access; data transfer for vehicle operators between motor vehicles; data storage for a motor carrier; and data transfer and transportability for law enforcement officials; 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 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. a paper record of duty status form; or an electronic logging device. 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. 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. data contained in an electronic logging device supplants such documentation; and 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 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. 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. 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). 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. is capable of recording a driver’s hours of service and duty status accurately and automatically; and meets the requirements established by the Secretary through regulation. 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. The Secretary shall maintain regulations on improved standards or methods to ensure that brakes and brake systems of commercial motor vehicles are maintained properly and inspected by appropriate employees. At a minimum, the regulations shall establish minimum training requirements and qualifications for employees responsible for maintaining and inspecting the brakes and brake systems.