This ICR is a renewal for a mandatory collection for reporting, recordkeeping, and disclosure.
The Hours of Service (HOS) rules apply to both property and passenger motor carriers. The HOS rules set limits on the on-duty time and driving time of CMV drivers, and mandate the amount and frequency of the time off-duty that such drivers must receive. Two types of information are collected under this IC: (1) driversâ daily record of duty status (RODS) (electronic records or, in some cases, paper logbooks), and (2) supporting documents, such as fuel and toll receipts, that may be used by motor carriers to verify the accuracy of the RODS and to document expense deductions taken in the determination of taxable income. The information is collected on an annual basis.
The purpose of the collection of the RODS and supporting documents of the HOS rules is to provide the Agency with its most effective tool in combating driver fatigue. Enforcement officials at roadside employ the RODS and supporting documents to determine the amount of time a driver has spent off duty prior to the driverâs current duty day. They also determine the amount of time the driver has been on duty that duty day, and the amount of time the driver has been behind the wheel driving during the duty day. Enforcement officials examine the RODS for seven of the immediately preceding days to determine compliance with the HOS rules. The RODS are an invaluable tool used to detect inaccurate and falsified logs that facilitates removing fatigued, unsafe drivers off the road.
Enforcement officials employ the RODS and supporting documents retained by the motor carrier when conducting on-site investigative reviews of motor carriers. The safety assessments that result from such reviews are public information, and many shippers routinely examine the assessments, as well as crash and regulatory compliance records, when selecting a motor carrier.
The Motor Carrier Safety Assistance Program (MCSAP) requires States, as a condition of receiving grant funding, to adopt and enforce State CMV safety laws and regulations that are compatible with the FMCSRs and these include the HOS rules. States embrace the Federal enforcement scheme for regulating safety in the operation of CMVs, and work closely with Federal investigators in enforcing the HOS rules.
Motor carriers also help FMCSA detect fatigued drivers. It is in their interest to be proactive in detecting inaccuracy or falsification of RODS by their CMV drivers to avoid the penalties resulting from such infractions. Replacing paper RODS with electronic RODS enhances the accuracy and minimizes the falsification of RODS. Motor carriers will continue to examine the supporting documents, such as fuel receipts, toll receipts, bills of lading, repair invoices, and compare them to the entries on the RODS. Comparing supporting documents to the RODS helps the motor carrier verify the accuracy of the HOS reported by their CMV drivers. Motor carrier use of the RODS and driver-supplied supporting documents enhances driver adherence to the HOS rules, keeps fatigued drivers off the road, and helps FMCSA protect the public. This ICR supports the Department of Transportationâs Strategic Goal of Safety because the information helps the Agency improve the safety of drivers operating CMVs on our Nationâs highways.
US Code:
49 USC 526
Name of Law: General criminal penalty when specific penalty not provided
US Code:
49 USC 31502
Name of Law: Requirements for qualification, hours of service, safety, and equipment standards
US Code:
49 USC 31136
Name of Law: United States Government regulations
US Code:
49 USC 522
Name of Law: Reporting and recirds keeping violations
US Code:
49 USC 521
Name of Law: Civil penalties
The total average burden hours are reduced from 99.46 million to 41.04 million, a reduction of 58.42 million burden hours. Driver burden hours reflects that the ELD mandate is in effect for the entire three-year information collection period and there is an estimated growth in the driver population. The total reduction of driver burden hours is 37.01, due to a decrease in burden in completing and reviewing the RODS and electronically transmittal of RODs. Total reduction in motor carrier burden hours is 21.42, due to a decrease in burden in motor carrier review of RODS, retention of RODS, and retention of supporting documents.
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
Attachment T 49 CFR 395.22(h)(4).docx
Attachment O 5 USC 552a Privacy Act 1974 as amended.pdf
Attachment N 5 U.S.C. 552.doc
Driver HOS Information Collection Tasks