§ 31137. Electronic logging devices and brake maintenance regulations

Footnotes

1. 1 So in original. Probably should be preceded by “to”.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1994

   Pub. L. 103–272 § 1(e) · 108 Stat. 745

   Enacted · 49 U.S.C. § 31137

   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1004

   Source evidence

   Code source credit
   Pub. L. 103–272, § 1(e), July 5, 1994, 108 Stat. 1004

   Enacted provision · exact public law section
   Section 1. subtitles ii, ii, and v-x of title 49, united states code (a) Certain general and permanent laws of the 49 USC prec. 101 note. United States, related to transportation, are revised, codified, and enacted by subsections (c)–(e) of this section without substantive change as subtitles II, III, and V–X of title 49, United States Code, “Transportation”. Those laws may be cited as “49 U.S.C. ________”. (b) Title 49, United States Code, is amended by striking the table of subtitles at the beginning of the title and substituting the following new table of subtitles: “Subtitle “I. DEPARTMENT OF TRANSPORTATION “II. OTHER GOVERNMENT AGENCIES “III. GENERAL AND INTERMODAL PROGRAMS “IV. INTERSTATE COMMERCE “V. RAIL PROGRAMS “VI. MOTOR VEHICLE AND DRIVER PROGRAMS “VII. AVIATION PROGRAMS “VIII. PIPELINES “IX. COMMERCIAL SPACE TRANSPORTATION “X. MISCELLANEOUS (c) Title 49, United States Code, is amended by striking subtitle II, except that chapter 31 (comprising sections 3101–3104) of subtitle II is redesignated and restated as chapter 315 (comprising sections 31501–31504) of subtitle VI of title 49, as enacted by subsection (e) of this section. (d) Title 49, United States Code, is amended by adding the following immediately after subtitle I:

2. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32301(b)(1) · 126 Stat. 405

   Substituted · 49 U.S.C. § 31137

   Pub. L. 112–141, § 32301(b)(1), substituted “Electronic logging devices and brake maintenance regulations” for “Monitoring device and brake maintenance regulations” in section catchline

   Source evidence

   Code amendment note
   Pub. L. 112–141, § 32301(b)(1), substituted “Electronic logging devices and brake maintenance regulations” for “Monitoring device and brake maintenance regulations” in section catchline.

   Enacted provision · exact public law section
   (1) by amending the section heading to read as follows: “§ 31137. Electronic logging devices and brake maintenance regulations” ;

   Effective date note
   Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

3. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32301(b)(3) · 126 Stat. 405

   1. Amended · 49 U.S.C. § 31137(a)(f)

      Pub. L. 112–141, § 32301(b)(3), as amended by Pub. L. 114–94, § 5508(b)(2)

   2. Added · 49 U.S.C. § 31137(a)(f)

      Pub. L. 112–141, § 32301(b)(3), as added subsecs. (a) to (f)

   3. Redesignated · 49 U.S.C. § 31137(a)(f)

      Pub. L. 112–141, § 32301(b)(3), as struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “If the Secretary of Transportation prescribes a regulation about the use of monitoring devices on commercial motor vehicles to increase compliance by operators of the vehicles with hours of service regulations of the Secretary, the regulation shall ensure that the devices are not used to harass vehicle operators. However, the devices may be used to monitor productivity of the operators.” Former subsec. (b) redesignated (g)

   Source evidence

   Code amendment note
   Subsecs. (a) to (f). Pub. L. 112–141, § 32301(b)(3), as amended by Pub. L. 114–94, § 5508(b)(2), added subsecs. (a) to (f) and struck out former subsec. (a). Prior to amendment, text of subsec. (a) read as follows: “If the Secretary of Transportation prescribes a regulation about the use of monitoring devices on commercial motor vehicles to increase compliance by operators of the vehicles with hours of service regulations of the Secretary, the regulation shall ensure that the devices are not used to harass vehicle operators. However, the devices may be used to monitor productivity of the operators.” Former subsec. (b) redesignated (g).

   Enacted provision · exact public law section
   (3) by amending (a) to read as follows: “(a) Use of Electronic Logging Devices.— Deadline. 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) Applicability. Effective date. 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.” .

   Effective date note
   Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

4. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32931(a) · 126 Stat. 405

   Substituted · 49 U.S.C. § 31137(g)

   Pub. L. 112–141, § 32931(a), which directed substitution of “The Secretary shall maintain” for “Not later than December 1, 1990, the Secretary shall prescribe”, was executed by making the substitution for “Not later than December 31, 1990, the Secretary shall prescribe”, to reflect the probable intent of Congress

   Source evidence

   Code amendment note
   Subsec. (g). Pub. L. 112–141, § 32931(a), which directed substitution of “The Secretary shall maintain” for “Not later than December 1, 1990, the Secretary shall prescribe”, was executed by making the substitution for “Not later than December 31, 1990, the Secretary shall prescribe”, to reflect the probable intent of Congress.

   Enacted provision · exact public law section
   (a) Section 31137(g), as redesignated by section 32301 of this Act, is amended by striking “Not later than December 1, 1990, the Secretary shall prescribe” and inserting “The Secretary shall maintain”.

   Effective date note
   Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

5. 2012

   Commercial Motor Vehicle Safety Enhancement Act of 2012

   Pub. L. 112–141 § 32301(b)(2) · 126 Stat. 405

   Redesignated · 49 U.S.C. § 31137(g)

   Pub. L. 112–141, § 32301(b)(2), redesignated subsec. (b) as (g)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 112–141, § 32301(b)(2), redesignated subsec. (b) as (g).

   Enacted provision · exact public law section
   (2) by redesignating subsection (b) as subsection (g); and

   Effective date note
   Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

6. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 § 5508(b)(2) · 129 Stat. 1312

   Amended · 49 U.S.C. § 31137

   Pub. L. 114–94, § 5508(b)(2), amended directory language of Pub. L. 112–141, § 32301(b)(3). See 2012 Amendment note for subsecs. (a) to (f) below

   Source evidence

   Code amendment note
   Pub. L. 114–94, § 5508(b)(2), amended directory language of Pub. L. 112–141, § 32301(b)(3). See 2012 Amendment note for subsecs. (a) to (f) below.

   Enacted provision · exact public law section
   (2) Section 32301(b)(3) (126 Stat. 786) 49 USC 31137. is amended by striking “by amending (a) to read as follows:” and inserting “by striking subsection (a) and inserting the following:”.

   Effective date note
   Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

7. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 § 5507(1) · 129 Stat. 1312

   Substituted · 49 U.S.C. § 31137(b)(1)(C)

   Pub. L. 114–94, § 5507(1), substituted “except as provided in paragraph (3), apply to” for “apply to”

   Source evidence

   Code amendment note
   Subsec. (b)(1)(C). Pub. L. 114–94, § 5507(1), substituted “except as provided in paragraph (3), apply to” for “apply to”.

   Enacted provision · exact public law section
   (1) in paragraph (1)(C) by striking “apply to” and inserting “except as provided in paragraph (3), apply to”; and

   Effective date note
   Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

8. 2015

   Fixing America’s Surface Transportation Act

   Pub. L. 114–94 § 5507(2) · 129 Stat. 1312

   Added · 49 U.S.C. § 31137(b)(3)

   Pub. L. 114–94, § 5507(2), added par. (3)

   Source evidence

   Code amendment note
   Subsec. (b)(3). Pub. L. 114–94, § 5507(2), added par. (3).

   Enacted provision · exact public law section
   (2) by adding at the end the following: “(3) Exception.— A motor carrier, when transporting a motor home or recreation vehicle trailer within the definition of the term ‘driveaway-towaway operation’ (as defined in section 390.5 of title 49, Code of Federal Regulations), may comply with the hours of service requirements by requiring each driver to use— “(A) a paper record of duty status form; or “(B) an electronic logging device.” .

   Effective date note
   Amendment by section 5507 of Pub. L. 114–94 effective Oct. 1, 2015, see section 1003 of Pub. L. 114–94, set out as a note under section 5313 of Title 5, Government Organization and Employees. Pub. L. 114–94, div. A, title V, § 5508(b), Dec. 4, 2015, 129 Stat. 1554, provided that the amendment made by section 5508(b)(2) is effective as of July 6, 2012, and as if included in Pub. L. 112–141 as enacted.

10 of 10 references resolved to an enrolled provision