SBTC Questions Legality of FMCSA's Proposed Crash Study...

From: "James Lamb" <[email protected]>

Date: Mon, Jan 27, 2020 12:31 pm

To: "[email protected]" <[email protected]>, "[email protected]" <[email protected]>

Subject: Drivers' concern about the legality of the FMCSA's proposed CRASH STUDY

Gentlemen:

I know FMCSA and SBTC are meeting to discuss SBTC matters currently pending before FMCSA.

Perhaps you can also discuss this issue...

We are hearing in from our members, supporters, and other drivers in the industry about their concerns that the Federal Register notice at:

https://www.fmcsa.dot.gov/regulations/notices/2020-00557

which states: 

" FMCSA seeks information on how best to design and conduct a study to identify factors contributing to all FMCSA reportable large truck crashes (towaway, injury and fatal). Methodologically, the Agency seeks information on how best to balance sample representativeness, comprehensive data sources, ranges of crash types, and cost efficiency. The methodology should also address the use of on-board electronic systems which can generate information about speeding, lane departure, and hard braking..."

Drivers are expressing to us that they are concerned that FMCSA's "use" of ELD data for purposes other than for enforcement of the "Secretary’s motor carrier safety and related regulations, including record-of-duty status regulations" would appear to be unlawful; that is, they point to the language in the ELD statute 49 USC 31137, which states:

(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.

SBTC intends to formally post a comment to the docket but we would first like to hear FMCSA's response to this concern.

Regards,

/s/ JAMES LAMB

SBTC Executive Director

Note: SBTC would like to thank Lisa N Lee Schmitt for bringing about awareness of this issue on their public blog talk radio show: Trucking with the Schmitts.