The EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule would amend several existing regulations.
In the version below, proposed changes appear in blue text, proposed deletions are struck-through, notations on the proposed changes are in italics. To see the full version of the current regulations, go to e-CFR.
CONTENTS
49 CFR Code of Federal Regulations Part 385 – Safety Fitness Procedures
§ 385.3 Definitions and acronyms.
Appendix C to Part 385 — Regulations Pertaining to Remedial Directives in Part 385, Subpart J
49 CFR Code of Federal Regulations Part 390 – Federal Motor Carrier Safety Regulations; General
49 CFR Code of Federal Regulations Part 395 – Hours of Service of Drivers
§ 395.8 Driver’s record of duty status
§ 395.16 Electronic on-board recording devices
PART 385 — SAFETY FITNESS PROCEDURES
1. The authority citation for part 385 continues to read as follows:
Authority: 49 U.S.C. 113, 504, 521(b), 5105(e), 5109, 5113,13901–13905, 31133, 31135, 31136, 31137(a), 31144, 31148, and 31502; Sec. 113(a), Pub. L. 103–311; Sec. 408, Pub. L. 104–88; Sec. 350, Pub. L. 107–87; and 49 CFR Code of Federal Regulations 1.73.
2. Amend § 385.3 by adding a definition for the term “Hours of Service Management System” in alphabetical order to read as follows:
§ 385.3 Definitions and acronyms.
Hours of Service Management System as defined in § 395.2 of this subchapter.
3. Amend Section VII of Appendix B to part 385, by adding the following violations in numerical order to read as follows:
Appendix B to Part 385 — Explanation of Safety Rating Process
VII. List of Acute and Critical Regulations
§395.8(e) False reports of records of duty status (critical).
§ 395.8(e)(1) Failing to require a driver to complete the record of duty status required by either this section, § 395.15 or § 395.16; failing to preserve a record or making false reports (critical).
§ 395.8(e)(2) Failure to prohibit a driver from disabling, deactivating, disengaging, jamming or otherwise blocking or degrading a signal transmission or reception; tampering with an automatic on-board recorder or electronic on-board recorder (critical).
§ 395.11(a) Failing to establish, implement, and maintain an hours-of-service management system with controls, policies, programs, practices, and procedures to effectively monitor each driver’s compliance with the hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive requirements, and to prevent and detect violations of Part 395 (acute).
§ 395.11(c) Failing to identify each supporting document or maintain the supporting documents in such a manner that permits the matching of those records to the driver’s original record of duty status (critical).
§ 395.11 (d) Intentionally destroying, mutilating, or altering a supporting document; or failing to prevent alteration of supporting documents; failing to prevent alteration of supporting documents which reduces their accuracy (acute).
§ 395.11(e) Failing to maintain all elements of the supporting documents as required by this section or § 395.8. (critical).
§ 395.11(f) Making a false certification regarding the receipt or retention of supporting documents (acute).
§ 395.11(g) Failing to maintain all elements of the supporting documents as required in a remedial directive (acute).
§ 395.11(h) Failing to forward, within 3 days of the 24-hour period to which the document pertains, or the day the document comes into the driver’s or motor carrier’s possession, whichever is later, all required supporting documents and the original of the record of duty status. Failing to forward supporting documents provided electronically from the driver to the carrier within 24 hours (critical).
4. Amend Appendix C to part 385 by adding the following violations in numerical order to read as follows:
Appendix C to Part 385 — Regulations Pertaining to Remedial Directives in Part 385, Subpart J
§ 395.8(e)(1) Failing to require a driver to complete the record of duty status required by either this section, § 395.15 or § 395.16; failing to preserve a record or making false reports (critical).
§ 395.8(e)(2) Failure to prohibit a driver from disabling, deactivating, disengaging, jamming or otherwise blocking or degrading a signal transmission or reception; tampering with an automatic on-board recorder or electronic on-board recorder (critical).
§ 395.11(a) Failing to establish, implement, and maintain an hours-of-service management system with controls, policies, programs, practices, and procedures to effectively monitor each driver’s compliance with the hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive requirements, and to prevent and detect violations of part 395 (acute).
§ 395.11(c) Failing to identify each supporting document or maintain the supporting documents in such a manner that permits the matching of those records to the driver’s original record of duty status (critical).
§ 395.11 (d) Intentionally destroying, mutilating, or altering a supporting document; or failing to prevent alteration of supporting documents; failing to prevent alteration of supporting documents which reduces their accuracy (acute).
§ 395.11(e) Failing to maintain all elements of the supporting documents as required by this section or § 395.8. (critical).
§ 395.11(f) Making a false certification regarding the receipt or retention of supporting documents (acute).
§ 395.11(g) Failing to maintain all elements of the supporting documents as required in a remedial directive (acute).
§ 395.11(h) Failing to submit or forward by mail the driver’s supporting documents, within 3 days of the 24-hour period to which the document pertains, or the day the document comes into the driver’s or motor carrier’s possession, whichever is later, all required supporting documents and the original of the record of duty status. Failing to forward supporting documents provided electronically from the driver to the carrier within 24 hours (critical).
PART 390 — FEDERAL MOTOR CARRIER SAFETY REGULATIONS; GENERAL
5. The authority citation for part 390 continues to read as follows:
Authority: 49 U.S.C. 508, 13301, 13902, 31132, 31133, 31136, 31144, 31151, 31502, 31504; sec. 204, Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C. 701 note); sec. 114, Pub. L. 103–311, 108 Stat. 1673, 1677; sec. 212, 217, 229, Pub. L. 106–159, 113 Stat. 1748, 1766, 1767, 1773; sec. 4136, Pub. L. 109–59, 119 Stat. 1144, 1745 and 49 CFR Code of Federal Regulations 1.73.
6. Amend § 390.5 by adding a definition for “Document,” in alphabetical order, to read as follows:
Document means any writing and any electronically-stored information, including data or data compilation(s), stored in any medium from which information may be obtained.
PART 395 — HOURS OF SERVICE OF DRIVERS
7. The authority citation for part 395 continues to read as follows:
Authority: 49 U.S.C. 504, 14122, 31133, 31136, 31502, Sec. 229, Pub. L. 106-159, 113 Stat. 1748, 1773 (as transferred by Sec. 4415 and amended by Sec. 4130-4132 of Pub. L. 106-59, 119 Stat. 1144, at 1726, 1743-1744); Sec. 4143, Pub. L. 106-59, 119 Stat. 1144, 1744; Sec. 113, Pub. L. 103-311, 108 Stat. 1673, 1676; and 49 CFR Code of Federal Regulations 1.73.
8. Amend § 395.2 by adding the following definitions in alphabetical order, to read as follows:
Hours of service management system means the controls, policies, programs, practices, and procedures used by a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees systematically and effectively to monitor drivers’ compliance with hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive requirements and to verify the accuracy of the information contained in drivers’ records of duty status. The management system must include, at a minimum, the use of documents, records, and information generated or received by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees in the normal course of business. These documents and records, and this information must include, but are not limited to, driver payroll records, trip-related expense reports and receipts, bills of lading or equivalent documents, and fleet A group of motor vehicles owned or leased by businesses or government agencies management system communication records (any record of communication between a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees and a driver in the normal course of business).
Motor carrier, as defined in § 390.5, includes, for purposes of this part, an owner-operator A self-employed commercial truck driver or a small business that operates trucks for transporting goods over highways for its customers leased to a carrier subject to a remedial directive issued under part 385, subpart J, regardless of whether the owner-operator A self-employed commercial truck driver or a small business that operates trucks for transporting goods over highways for its customers has separate operating authority under part 365 of this subchapter.
Supporting document, for the purposes of this part, means a document that is generated or received by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees in the normal course of business that could be used, as produced or with additional identifying information, to verify the accuracy of a driver’s record of duty status.
9. Amend § 395.8 by revising paragraphs (a) and (e), the heading of paragraph (k), and paragraph (k)(1) to read as follows:
§ 395.8 Driver’s record of duty status.
(a) Except for a private motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees of passengers (nonbusiness), as provided in § 395.1(e)(1) and (2), every motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees shall require subject to the requirements of this part must require every driver used by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees to record his/her duty status for each 24-hour period using the methods prescribed in either paragraphs (a)(1) or (2) of this section.
(1) Every driver who operates a commercial motor vehicle Any vehicle owned or used by a business shall record his/her duty status, in duplicate, for each 24-hour period. The duty status time shall be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms. The previously approved format of the Daily Log, Form MCS–59 or the Multi-day Log, MCS–139 and 139A, which meets the requirements of this section, may continue to be used.
(1) Every driver who operates a commercial motor vehicle Any vehicle owned or used by a business in operations other than those described in paragraph (a)(2) of this section must record his/her duty status, in duplicate, for each 24-hour period. The duty status time must be recorded on a specified grid, as shown in paragraph (g) of this section. The grid and the requirements of paragraph (d) of this section may be combined with any company forms. This format may be used:
(i) By those operations described in § 395.1(e)(1) and (2), where a driver operates a commercial motor vehicle Any vehicle owned or used by a business outside of the distance radius or for longer periods of time specified in those provisions no more than 2 days in any 7-day period; and
(ii) By those operations subject to § 395.16(a)(3) until [INSERT DATE THREE YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].
(2) Every driver operating a commercial motor vehicle Any vehicle owned or used by a business equipped with either an automatic on-board recording device meeting the requirements of §395.15 or an electronic on-board recorder A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road meeting the requirements of §395.16 must record his or her duty status using the device installed in the vehicle. The requirements of this section shall not apply, except for paragraphs (e) and (k)(1) and (2) of this section.
(2) Every driver operating a commercial motor vehicle Any vehicle owned or used by a business must record his/her record of duty status using either an automatic on-board recording device meeting the requirements of § 395.15 or an electronic on-board recorder A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road meeting the requirements of § 395.16 installed in the vehicle. The requirements of this section apply to: all motor carriers required to maintain RODS Record of duty status (A logbook maintained by CMV drivers to track driving time (i.e., duty status) for each 24-hour period) except those eligible to use time records under § 395.1(e)(1) and (2).
(e) Failure to complete the record of duty activities of either this section, §395.15 or §395.16, failure to preserve a record of such duty activities, or making false reports in connection with such duty activities shall make the driver and/or the carrier liable to prosecution.
(1) A motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees must require drivers to complete the record of duty status required by either this section, § 395.15 or § 395.16 and must preserve a record of such duty status. A motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees must not make false reports in connection with such duty status.
(2) No motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees shall permit or require any driver used by it to disable, deactivate, disengage, jam or otherwise block or degrade a signal transmission or reception; or reengineer, reprogram, or otherwise tamper with an automatic on-board recorder or electronic on-board recorder A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road so that the device does not accurately record the duty status of a driver; nor shall any driver engage in the activities prohibited under this paragraph.
(k) Retention of driver’s record of duty status and supporting documents. (1) Each motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees shall retain and maintain records of duty status and all supporting documents for each driver it employs for a period of six months from the date of receipt required under this part, for each of its drivers, for a period of 6 months from the date of receipt.
10. Revise § 395.11 to read as follows:
(a) Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees maintaining date, time and location data produced by a §395.16-compliant EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) need only maintain additional supporting documents ( e.g., driver payroll records, fuel receipts) that provide the ability to verify on-duty not driving activities and off-duty status according to the requirements of §395.8(k).
(b) This section does not apply to motor carriers and owner-operators Self-employed commercial truck drivers or small businesses that operate trucks for transporting goods over highways for their customers that have been issued a remedial directive to install, use, and maintain EOBRs.
(a) Scope. (1) Every motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees subject to the requirements of this part shall establish, use, and maintain an hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive management system, as defined in § 395.2, capable of preventing and detecting violations of this part by each of its drivers. The management system must include, at a minimum, the use of documents, records, and information generated or received by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees in the normal course of business. (2) This section also applies to motor carriers and owner-operators Self-employed commercial truck drivers or small businesses that operate trucks for transporting goods over highways for their customers that have been issued a remedial directive to install, use, and maintain EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) unless otherwise provided in the remedial directive.
(b) A motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees shall be deemed to have knowledge of any and all documents in its possession, and any and all documents that are available to the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees and that the carrier could use in its hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive management system. “Knowledge of a document” means knowledge of both the fact that it exists and its specific contents.
(c) The motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees must maintain supporting documents in such a way that they may be effectively matched to the corresponding driver’s record of duty status.
(d) A motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees or a driver must not obscure, deface, destroy, mutilate, or alter existing information contained in the supporting document.
(e) Supporting documents required (motor carriers not subject to a Remedial Directive under 49 CFR Code of Federal Regulations part 385, subpart J):
(1) In addition to records generated from EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) that meet, at a minimum, the requirements of § 395.16, motor carriers must retain and maintain the documents required by this section for every drivers’ duty day. Except as provided in paragraph (e)(3) of this section, a supporting document or documents must contain the following information:
(i) Driver name or personal identification number (PIN) associated with the driver’s name, or another identifying number that is issued to the driver. A unit (vehicle) number may be used so long as it can be associated with the driver operating the vehicle at a specific date, time, and location.
(ii) The date. The date recorded must be the date at the location where it is recorded. If the date is automatically recorded on an electronic document, it must be obtained, transmitted, and recorded in such a way that it cannot be altered by a motor carrier, driver, or third party.
(iii) The time. The time recorded must be convertible to the local time at the location where it is recorded. If the time is automatically recorded on an electronic document, it must be obtained, transmitted, and recorded in such a way that it cannot be altered by a motor carrier, driver, or third party.
(iv) The location. The location description must include the name of the nearest city, town, or village to enable Federal, State, and local enforcement personnel to quickly determine the vehicle’s geographic location on a standard map or road atlas. If the location information is automatically recorded on an electronic document, it must be derived from a source not subject to alteration by the motor carrier, driver, or third party.
(2) For any non-driving period after coming on duty following 10 consecutive hours off duty, with the exception of any sleeper berth period of at least 2 hours but less than 10 consecutive hours pursuant to § 395.1(g)(1)(ii)(A)(2) and any off-duty period of at least 2 hours but less than 8 consecutive hours pursuant to § 395.1(g)(3), drivers and motor carriers must retain and maintain at least one document as described in this paragraph from among the four categories listed below:
(i) Payroll;
(ii) Trip-related expense records and receipts;
(iii) Fleet management system communication logs; and
(iv) A bill of lading or equivalent document.
(3) If a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees retains a single supporting document that shows the driver identification, date, time, and location for the beginning and end of any on-duty not driving period, that is the only document the carrier must retain and maintain for that period. However, if the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees does not retain and maintain one single supporting document that shows all of these items, it must retain and maintain sufficient documentation from the categories listed above to show the driver identification and (i) the location, and date, and time of the duty status change, when used together, or (ii) the location, date, and time of the duty status changes.
(f) If a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees does not receive or retain any supporting documents from the classes of documents listed in paragraph (e)(2) of this section, then the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees must certify that it does not or did not receive these documents. If a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees is found to have falsely certified to not having supporting documents, it would be subject to a civil penalty for falsification. Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees submitting false certifications are subject to the maximum penalty authorized under 5 U.S.C. 521, irrespective of the Uniform Fine Assessment algorithm or other Agency penalty calculations implementing 49 U.S.C. 521(b)(2)(D).
(g) Supporting documents required (motor carriers subject to a Remedial Directive under 49 CFR Code of Federal Regulations part 385, subpart J). Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees subject to a Remedial Directive must retain and maintain all supporting documents as described in that directive.
(h) The driver must submit or forward by mail the driver’s supporting documents and the original record of duty status to the regular employing motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees within 3 days of the 24 hour period to which the receipt pertains, or the day the document comes into the driver’s or motor carrier’s possession, whichever is later. If a supporting document is submitted electronically, the driver shall submit the supporting document within 24 hours.[A1] [A2]
(i) FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) may authorize on a case-by-case basis, motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees self-compliance systems.
(1) Requests for supporting document self-compliance systems may be submitted to FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) under the procedures described in 49 CFR Code of Federal Regulations part 381, subpart C (Exemptions).
(2) FMCSA Federal Motor Carrier Safety Administration (The agency proposing the EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) rule) will consider requests concerning types of supporting documents maintained by the motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees under § 395.8(k)(1) and the method by which a driver retains and maintains a copy of the record of duty status for the previous 7 days and makes it available for inspection while on duty in accordance with § 395.8(k)(2).
(j) Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees maintaining date, time, and location data produced by an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) that complies with § 395.16 need only maintain additional supporting documents (e.g., driver payroll records, fuel receipts) that provide the ability to verify non-driving status according to the requirements of § 395.8(a)(2).
11. Amend § 395.16 by revising paragraph (a) to read as follows:
§ 395.16 Electronic on-board recording devices.
(a) Applicability and authority to use. This section applies to electronic on-board recording devices (EOBRsElectronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road)) used to record the driver’s hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive as specified by part 395. Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees subject to a remedial directive to install, use and maintain EOBRs, issued in accordance with 49 CFR Code of Federal Regulations part 385, subpart J, must comply with this section.
(1) A motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees may require a driver to use an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) to record the driver’s hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive in lieu of complying with the requirements of §395.8 of this part. For commercial motor vehicles manufactured after June 4, 2012, any electronic device installed in a CMV Commercial Motor Vechicles by a manufacturer or motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees to record hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive must meet the requirements of this section.
(2) Every driver required by a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees to use an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) shall use such device to record the driver’s hours of service.
(a) This section applies to electronic on-board recording devices (EOBRsElectronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road)) used to record the driver’s hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive as specified by part 395. Every driver required by a motor carrier A person providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees to use an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) shall use such device to record the driver’s hours of service.
(1) Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees subject to a remedial directive to install, use, and maintain EOBRs, issued in accordance with 49 CFR Code of Federal Regulations part 385, subpart J, must comply with this section.
(2) For commercial motor vehicles manufactured on and after June 4, 2012, motor carriers must install and use an electronic device that meets the requirements of this section to record hours of service.
(3) Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees operating commercial motor vehicles must install EOBRs Electronic on-Board Recorders (Devices attached to commercial motor vehicles that track the number of hours drivers spend on the road) and require their drivers to use an EOBR Electronic on-Board Recorder (A device attached to commercial motor vehicles that tracks the number of hours drivers spend on the road) to record the driver’s hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive except for commercial motor vehicles operated by drivers eligible to use only accurate and true time records to record drivers’ hours of service Regulations issued by FMCSA that limit the number of daily and weekly hours a CMV driver may drive under the provisions of § 395.1(e)(1) and (2).
(4) Motor carriers People providing motor vehicle transportation for compensation. The term includes a motor carrier’s agents, officers and employees must install and require their drivers to use hours-of-service recording devices in accordance with this section in their commercial motor vehicles no later than [INSERT DATE THREE YEARS AFTER THE EFFECTIVE DATE OF THE FINAL RULE].