49 U.S. Code § 31137 - Electronic logging devices and brake maintenance regulations
(a) Use of Electronic Logging Devices.— 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
(b) Electronic Logging Device Requirements.—
(1) In general.— The regulations prescribed under subsection (a) shall—
(A) require an electronic logging device—
(B) allow law enforcement to access the data contained in the device during a roadside inspection; and
(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—
(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—
(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).
(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
(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.
(g) Brakes and Brake Systems Maintenance Regulations.— 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.
 So in original. Probably should be preceded by “to”.
Source(Pub. L. 103–272, § 1(e),July 5, 1994, 108 Stat. 1004; Pub. L. 112–141, div. C, title II, §§ 32301(b), 32931(a),July 6, 2012, 126 Stat. 786, 829.)
|Revised Section||Source (U.S. Code)||Source (Statutes at Large)|
|49 App.:2505 (note).|
|Nov. 18, 1988, Pub. L. 100–690, § 9104(b), 102 Stat. 4529.|
|Oct. 30, 1984, Pub. L. 98–554, 98 Stat. 2829, § 231; added Nov. 18, 1988, Pub. L. 100–690, § 9110, 102 Stat. 4531.|
In subsection (b), the text of 49 App.:2521(a) is omitted as executed.
References in Text
The date of enactment of the Commercial Motor Vehicle Safety Enhancement Act of 2012, referred to in subsec. (a), is the date of enactment of title II of div. C of Pub. L. 112–141, which was approved July 6, 2012.
2012—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.
Subsecs. (a) to (f). Pub. L. 112–141, § 32301(b)(3), which directed that subsec. (a) be generally amended by substituting new subsecs. (a) to (f), was executed by generally amending subsec. (a) and adding subsecs. (b) to (f) to reflect the probable intent of Congress. 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).
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.
Pub. L. 112–141, § 32301(b)(2), redesignatedsubsec. (b) as (g).
Effective Date of 2012 Amendment