If a carrier has a CR after June 4th 2010 and is found to have a violation rate greater than 10% in one of the critical violations of found in 385, when would they have to get mandatory EOBRs?
The effective date – June 4, 2010 — means that motor carriers MAY comply, at their option. If a motor carrier is found to have a violation rate greater than 10 percent in one of the critical violations during a CR – but the date of the CR is before June 4, 2012 – FMCSA cannot issue a Remedial Directive to require installation and use of EOBRs. HOWEVER, FMCSA can use its existing procedures to require EOBR/AOBRD+ use as part of the terms of a settlement agreement.
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