Goal
To broadly examine the issue of driver harassment and to determine the extent to which hours-of-service (HOS) monitoring devices (MDs) are used to either harass drivers and/or monitor driver productivity. The research must explore the relevant issues from the perspective of both drivers and carriers. Based on the research findings, the second objective is to outline a set of countermeasures or best practices that will ensure that HOS-MDs are not used by carriers for driver harassment.
Background
On August 26, 2011, the U.S. Court of Appeals for the Seventh Circuit vacated the Agency's April 2010 Final Rule on the use of electronic logging devices (ELDs). The Court stated that contrary to statutory requirements, the Agency failed to address the issue of driver harassment, including how ELDs could potentially be used to harass drivers and addressing ways to ensure that ELDs were not used to harass drivers.
Summary
The Federal Motor Carrier Safety Administration (FMCSA) is conducting driver and carrier surveys to determine their input into the definition of "driver harassment" as related to HOS-MDs, the prevalence of harassment as related to productivity measures (differentiation from fleet management technologies), motor carrier uses—productivity measures, ways to assure HOS-MDs are not used to harass drivers, and the perceived effectiveness of current remedies and suggestions for FMCSA enforcement and regulatory actions.
Outcomes
The output will be a report identifying the nature of the problem of driver harassment with the use of HOS-MDs in the commercial motor vehicle (CMV) industry. This study will also identify any policy changes that could be used to mitigate the harassment issue.
Milestones
| Task 1: Conduct Kickoff Meeting at FMCSA | 1 month after task award (ATA) |
| Task 2: Submit Research Design Plan | 2 months ATA |
| Task 3: Independent Peer Review of Research Design Plan | 3 months ATA |
| Task 4: Collect Data | 10 months ATA |
| Task 5: Conduct Analysis | 11 months ATA |
| Task 6: Draft final report | 12 months ATA |
| Task 7: Independent peer review (draft final report) | 13 months ATA |
| Task 8: Presentation of draft final report | 14 months ATA |
| Task 9: Final Report, 508 Compliant Version | 15 months ATA |
Funding
FY 2010 - $400,000
Status
Project is pending review and approval from the Office of Management and Budget.
Project Lead
For more information, contact Albert Alvarez of FMCSA's Research Division at (202) 385-2387 or albert.alvarez@dot.gov.
Contractor
MaineWay Services