Video Monitoring Devices Exemptions and Future Rulemaking

1. Video Monitoring DevicesExemptions and Future Rulemaking Presentation to MCSAC April 8, 2013

2. Current Regulation 49 CFR 393.60: Glazing in specified openings. (e) Prohibitions on obstructions to the driver’s filed of view (1) Devices mounted at the top of the windshield. Antennas, transponders, and similar devices must not be mounted more than 152 mm (6 inches) below the upper edge of the windshield. These devices must be located outside the area swept by the windshield wipers, and outside the driver’s sight lines to the road and highway signs and signals.

3. CVSA Petition • Petition requests that FMCSA amend 393.60(e)(1) • “Antennas, transponders and similar devices must be located outside the area swept by the windshield wipers. Video event recorders and similar devices that require a clear forward facing visual field must not be mounted more than 50 mm (2 inches) below the upper edge of the area swept by the windshield wipers. All devices must be outside the driver’s sight lines to the road and highway signs and signals.”

4. Basis for CVSA Petition • Structural and aesthetic design of buses has changed considerably • Larger windshields extend viewing area well beyond driver’s usable sight lines • Swept area of wipers is much larger than specified in SAE Recommended Practice J198 • Potential Safety Benefits • Identify driver and passenger behavior/security issues • Improve driver training and performance • Determine at-fault liability in the event of a collision

5. Greyhound Exemption • Request for exemption submitted to FMCSA under 49 CFR 381.310 • Desire to install DriveCam video event recorder on some or all of its buses • Must be able to mount the recorders lower than permitted in 393.60(e)(1) • Would comply with proposed language of the CVSA petition

6. DriveCam Exemption • Would apply to all video event recording devices, not just DriveCam • Would be applicable to all CMVs, not just buses • Would comply with proposed language of the CVSA petition

7. FMCSA Decisions • Agency granted both exemptions • Level of safety will be equivalent to, or greater than, the level of safety achieved without the exemption: • Devices will not obstruct driver’s view; placement will be outside of useable sight lines • Larger wipers increase swept area

8. FMCSA Decisions (con’t) • Agency can revoke the exemptions if negative reports are received • States are preempted from enforcing conflicting regulations during 2-year effective period of exemption CVSA agrees to “hold” petition for rulemaking pending experience/feedback received during exemption period.

9. Timelines • Greyhound • Initial exemption granted on March 19, 2009 • Renewed on March 22, 2011 • Renewed on March 22, 2013 • DriveCam • Initial exemption granted on April 15, 2009 • Renewed on April 18, 2011 • Renewed on March 22, 2013

10. Docket Comments American Trucking Associations • “DriveCam has been working with many ATA members to help reduce carrier crash involvement rates using DriveCam technology and behavioral coaching. As a result, many of our member companies have seen significant decreases in the number of at-fault collisions and near misses.” • “ATA strongly supports another extension of the two-year exemption and further supports a permanent ruling that will remove the barrier to the effective placement of these recorders.”

11. Docket Comments (con’t) Academy Express LLC and Perdue Farms Inc. • “Since we began using this driver safety program in our vehicles, we have realized a dramatic decrease in the number of accidents, incidents of distracted driving, and poor driving habits that can lead to accidents. In many instances, the video has been instrumental in defending against false claims and exonerating drivers who otherwise would have been found at fault. In addition, we have reduced fuel consumption and greenhouse gas emissions due to these improvements in driver behavior.” • Both urge FMCSA to make permanent change to the regulation

12. Docket Comments (con’t) National Solid Wastes Management Association • “To further their safety goals, a growing number of solid waste companies are using event recorders in collection vehicles. They are experiencing a decline in accidents and unsafe driving behaviors. This exemption is another step to removing barriers to the effective placement of video event recorders.” • In addition to supporting the renewal of this exemption, NSWMA asks that the FMCSA work towards making this exemption a permanent ruling.”

13. Symposium Technology Impacts on CMV Driver Direct Field of Vision Symposium • CVSA, in cooperation with FMCSA and industry trade associations, will be hosting a day-long symposium/dialogue among enforcement experts, industry representatives, and Federal regulators • Will be held on Monday, April 22, 2013 in Louisville, KY in conjunction with CVSA Workshop

14. Symposium (con’t) Symposium Discussion Topics • Electronic Technologies • Camera based electronics • Non-camera based electronics • Window tint • Visors and window shades • Other driver view obstructions

15. Future Actions • FMCSA plans to initiate rulemaking to amend 393.60(e)(1) based on: • Experience/feedback regarding temporary exemptions; and • Input from symposium • Public comments • Any rulemaking proposal will address costs and safety benefits of proposed regulatory change • No timeline set for rulemaking proposal at this point