Posted On: June 28, 2009 by Ken Shigley

Legislation would require Electronic On-Board Recorders in all interstate trucks in 4 years

As long as truck drivers for interstate motor carriers have been required to log their driving, on duty and off duty time, falsification of logs has been common. Some drivers -- though certainly not all -- have regarded their logs as "comic books." We have unraveled webs of deception to show that driver logs in some of our cases were complete falsifications.

Now legislation has been introduced in Congress that would require foolproof Electronic On-Board Recorders (EOBRs) in lieu of paper logs. The new highway reauthorization bill mandates EOBRs to track Hours of Service compliance for all commercial motor vehicles within four years of enactment.

The proposed legislation is substantially stronger than a proposed regulatory rule that would require only motor carriers with a demonstrated a history of serious noncompliance with the Hours of Service rules to install EOBRs.

Ken Shigley is a trial attorney in Atlanta, Georgia who has been listed as a "Super Lawyer" (Atlanta Magazine), among the "Legal Elite" (Georgia Trend Magazine), and in the Bar Register of Preeminent Lawyers (Martindale), and is a Certified Civil Trial Advocate of the National Board of Trial Advocacy. He served as chair of the Southeastern Motor Carrier Litigation Institute, is on the National Advisory Board for the Association of Interstate Trucking Lawyers of America, and is a frequent speaker at continuing legal education programs for the Interstate Trucking Litigation Group of the American Association for Justice. Mr. Shigley has extensive experience representing parties in trucking and bus accidents, products liability, catastrophic personal injury, wrongful death, spinal cord injury, brain injury and burn injury cases. Currently he is Treasurer of the 40,000 member State Bar of Georgia.This post is subject to our ethical disclaimer.

Comments

I have been driving OTR for 6 years now.I feel the EOBR will finally level the playing field and force these companies to comply with the DOT regulations.

As it stands now OTR is nothing short of slave labor.
3 of the 4 companies I have driven for have literally NO respect for the DOT and 'push' drivers to keep this fact hidden for them and keep the freight and revenue rolling.

I am looking forward to the EOBR and a good nights rest.

Thanks