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政策法规 现行有效美国跨境陆运

§ 395.15 Automatic on-board recording devices.

效力法规类型发布日期生效日期发文机构
现行有效部门规章2026-06-222026-07-22Code of Federal Regulations (CFR) - Transportation (Title 49)
发布06-22
生效07-22
摘要总结AI 辅助解读
本法规为美国联邦机动车安全管理局(FMCSA)关于自动车载记录设备(AOBRD)的现行规定。核心要点包括:1. 2017年12月18日后新装AOBRD不再获准使用,此前合规安装的设备最晚可使用至2019年12月16日;2. 详细规定了司机工时记录(HOS)的数据字段、位置代码、篡改防护及备份存储要求;3. 明确了在设备故障时需重建纸质记录的操作流程;4. 规定了FMCSA撤销AOBRD使用授权的情形(如安全评级不合格或存在违规模式)。该条款是电子日志(ELD)强制令实施前的过渡性规范,目前主要作为历史合规参考及特定豁免场景下的依据。
官方原文
外文原文 · 可AI翻译 · 可溯源
  • (a) Authority to use. (1) A motor carrier that installs and requires a driver to use an automatic on-board recording device in accordance with this section before December 18, 2017 may continue to use the compliant automatic on-board recording device no later than December 16, 2019. Otherwise, the authority to use automatic on-board recording devices under this section ends on December 18, 2017.

- (2) In accordance with paragraph (a)(1) of this section, a motor carrier may require a driver to use an automatic on-board recording device to record the driver's hours of service.

- (3) Every driver required by a motor carrier to use an automatic on-board recording device shall use such device to record the driver's hours of service.

  • (b) Information requirements. (1) Automatic on-board recording devices shall produce, upon demand, a driver's hours of service chart, electronic display, or printout showing the time and sequence of duty status changes including the drivers' starting time at the beginning of each day.

- (2) The device shall provide a means whereby authorized Federal, State, or local officials can immediately check the status of a driver's hours of service. This information may be used in conjunction with records of duty status maintained in other media, for the previous 7 days.

- (3) Support systems used in conjunction with on-board recorders at a driver's home terminal or the motor carrier's principal place of business must be capable of providing authorized Federal, State or local officials with summaries of an individual driver's hours of service records, including the information specified in § 395.8(d) of this part. The support systems must also provide information concerning on-board system sensor failures and identification of edited data. Such support systems should meet the information interchange requirements of the American National Standard Code for Information Interchange (ANSCII) (EIARS-232/CCITT V.24 port (National Bureau of Standards “Code for Information Interchange,” FIPS PUB 1-1)).

- (4) The driver shall have in his/her possession records of duty status for the previous 7 consecutive days available for inspection while on duty. These records shall consist of information stored in and retrievable from the automatic on-board recording device, other written records, or any combination thereof.

- (5) All copies of other written records of duty status referenced in paragraph (b)(4) of this section must be signed by the driver. The driver's signature certifies that the information contained thereon is true and correct.

  • (c) The duty status and additional information shall be recorded as follows:

- (1) “Off duty” or “OFF”, or by an identifiable code or character;

- (2) “Sleeper berth” or “SB” or by an identifiable code or character (only if the sleeper berth is used);

- (3) “Driving” or “D”, or by an identifiable code or character; and

- (4) “On-duty not driving” or “ON”, or by an identifiable code or character.

- (5) Date;

- (6) Total miles driving today;

- (7) Truck or tractor and trailer number;

- (8) Name of carrier;

- (9) Main office address;

- (10) 24-hour period starting time (e.g., midnight, 9:00 a.m., noon, 3:00 p.m.)

- (11) Name of co-driver;

- (12) Total hours; and

- (13) Shipping document number(s), or name of shipper and commodity.

  • (d) Location of duty status change. (1) For each change of duty status (e.g., the place and time of reporting for work, starting to drive, on-duty not driving and where released from work), the name of the city, town, or village, with State abbreviation, shall be recorded.

- (2) Motor carriers are permitted to use location codes in lieu of the requirements of paragraph (d)(1) of this section. A list of such codes showing all possible location identifiers shall be carried in the cab of the commercial motor vehicle and available at the motor carrier's principal place of business. Such lists shall be made available to an enforcement official on request.

  • (e) Entries made by driver only. If a driver is required to make written entries relating to the driver's duty status, such entries must be made by the driver and be legible.
  • (f) Reconstruction of records of duty status. Drivers are required to note any failure of automatic on-board recording devices, and to reconstruct the driver's record of duty status for the current day and the past 7 days, less any days for which the drivers have records, and to continue to prepare a written record of all subsequent duty status until the device is again operational.
  • (g) On-board information. Each commercial motor vehicle must have on-board the commercial motor vehicle an information packet containing the following items:

- (1) An instruction sheet describing in detail how data may be stored and retrieved from an automatic on-board recording system; and

- (2) A supply of blank driver's records of duty status graph-grids sufficient to record the driver's duty status and other related information for the duration of the current trip.

  • (h) Submission of driver's record of duty status. (1) The driver shall submit to the employing motor carrier, each record of the driver's duty status within 13 days following the completion of each record;

- (2) The driver shall review and verify that all entries are accurate prior to submission to the employing motor carrier; and

- (3) The submission of the record of duty status certifies that all entries made by the driver are true and correct.

  • (i) Performance of recorders. Motor carriers that use automatic on-board recording devices for recording their drivers' records of duty status shall ensure that:

- (1) A certificate is obtained from the manufacturer certifying that the design of the automatic on-board recorder has been sufficiently tested to meet the requirements of this section and under the conditions it will be used;

- (2) The automatic on-board recording device permits duty status to be updated only when the commercial motor vehicle is at rest, except when registering the time a commercial motor vehicle crosses a State boundary;

- (3) The automatic on-board recording device and associated support systems are, to the maximum extent practicable, tamperproof and do not permit altering of the information collected concerning the driver's hours of service;

- (4) The automatic on-board recording device warns the driver visually and/or audibly that the device has ceased to function;

- (5) Automatic on-board recording devices with electronic displays shall have the capability of displaying the following:

  • (i) Driver's total hours of driving today;

- (ii) The total hours on duty today;

- (iii) Total miles driving today;

- (iv) Total hours on duty for the 7 consecutive day period, including today;

  • (v) Total hours on duty for the prior 8 consecutive day period, including the present day; and

- (vi) The sequential changes in duty status and the times the changes occurred for each driver using the device.

- (6) The on-board recorder is capable of recording separately each driver's duty status when there is a multiple-driver operation;

- (7) The on-board recording device/system identifies sensor failures and edited data;

- (8) The on-board recording device is maintained and recalibrated in accordance with the manufacturer's specifications;

- (9) The motor carrier's drivers are adequately trained regarding the proper operation of the device; and

- (10) The motor carrier must maintain a second copy (back-up copy) of the electronic hours-of-service files, by month, in a different physical location than where the original data is stored.

  • (j) Rescission of authority. (1) The FMCSA may, after notice and opportunity to reply, order any motor carrier or driver to comply with the requirements of § 395.8 of this part.

- (2) The FMCSA may issue such an order if the FMCSA has determined that—

  • (i) The motor carrier has been issued a conditional or unsatisfactory safety rating by the FMCSA;

- (ii) The motor carrier has required or permitted a driver to establish, or the driver has established, a pattern of exceeding the hours of service limitations of this part;

- (iii) The motor carrier has required or permitted a driver to fail, or the driver has failed, to accurately and completely record the driver's hours of service as required in this section; or

- (iv) The motor carrier or driver has tampered with or otherwise abused the automatic on-board recording device on any commercial motor vehicle.

[53 FR 38670, Sept. 30, 1988, as amended at 60 FR 38748, July 28, 1995; 68 FR 22516, Apr. 28, 2003; 70 FR 50073, Aug. 25, 2005; 75 FR 17245, Apr. 5, 2010; 77 FR 28451, May 14, 2012; 80 FR 78385, Dec. 16, 2015; 83 FR 16227, Apr. 16, 2018; 83 FR 24228, May 25, 2018]
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