[Federal Register Volume 74, Number 71 (Wednesday, April 15, 2009)]
[Notices]
[Pages 17549-17551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-8595]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2008-0312]
Parts and Accessories Necessary for Safe Operation; Grant of
Exemption for DriveCam, Inc.
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.
ACTION: Notice of final disposition.
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SUMMARY: The Federal Motor Carrier Safety Administration (FMCSA)
announces its decision to grant an exemption to DriveCam, Inc.
(DriveCam) that will enable video event recorders to be mounted on
commercial motor vehicles lower in the windshield than is currently
permitted by the Agency's regulations. DriveCam requested the exemption
so that commercial motor vehicle operators would be able to use video
event recorders to increase safety through (1) identification and
remediation of risky driving behaviors such as distracted driving and
drowsiness; (2) enhanced monitoring of passenger behavior for CMVs in
passenger service; and (3) enhanced collision review and analysis.
FMCSA believes that permitting video event recorders to be mounted
lower than currently allowed, but still outside the driver's sight
lines to the road and highway signs and signals, will maintain a level
of safety that is equivalent to, or greater than, the level of safety
achieved without the exemption.
DATES: This exemption is effective from April 15, 2009 through April
15, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Luke W. Loy, Vehicle and Roadside
Operations Division, Office of Bus and
[[Page 17550]]
Truck Standards and Operations, MC-PSV, (202) 366-0676, Federal Motor
Carrier Safety Administration, 1200 New Jersey Avenue, SE., Washington,
DC 20590-0001.
SUPPLEMENTARY INFORMATION:
Background
Under 49 U.S.C. 31315 and 31136(e), FMCSA may grant an exemption
from the prohibition on obstructions to the driver's field of view
requirements in 49 CFR 393.60(e) for a two-year period if it finds
``such exemption would likely achieve a level of safety that is
equivalent to, or greater than, the level of safety that would be
achieved absent such exemption'' (49 CFR 381.305(a)).
DriveCam's Request for Exemption
DriveCam applied for an exemption from 49 CFR 393.60(e)(1) to allow
the use of video event recorders on all commercial motor vehicles.
Section 393.60(e)(1) of the FMCSRs prohibits the obstruction of the
driver's field of view by devices mounted at the top of the windshield.
Antennas, transponders and similar devices (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.
DriveCam states that one of the primary deployers of video event
recorders has been the motorcoach industry. DriveCam notes that over
the last several years, the structural and aesthetic design of buses
has changed considerably to include windshields that encompass a larger
percentage of the front area of a motor coach and that extend well
beyond the driver's useable sight line. As a result, manufacturers have
voluntarily installed larger windshield wipers on these windshields
that increase the swept area beyond the minimum required by Federal
Motor Vehicle Safety Standard (FMVSS) No. 104, ``Windshield wiping and
washing systems.'' FMVSS No. 104 establishes the requirements
applicable to vehicle and equipment manufacturers for windshield wiper
system coverage for passenger cars, multi-purpose passenger vehicles,
trucks and buses.
DriveCam states that video event recorders, for optimal
effectiveness, are mounted on the vehicle windshield on the interior of
the vehicle in a position that enables the video-capture of what is
happening in front of the vehicle as well as an internal video-capture
of the driver (and passengers in passenger carrier vehicles). The view
toward the front requires that the forward lens of the recorder be in
the swept area of the windshield for a clear view in inclement weather.
DriveCam states:
Section 393.60(e)(1) was designed to avoid placement of devices
on the windshield that would obstruct a driver's useful view of the
roadway. However, because of the increase of the size of motorcoach
windows and the corresponding increase in the area swept by the
windshield wipers, video event recorders now must be mounted so high
on the window as to limit the view of drivers, passengers, and
collision events. Thus, the level of safety that can be produced by
use of video event recorders is limited by the current regulation.
By comparison, the proposed alternative will enable DriveCam to
lower the placement of the video event recorders to a level, which
will maximize the external and internal views of the recorders while
still having them mounted high enough so as not to limit the field
of vision of the driver.
DriveCam notes in its exemption application that the Commercial
Vehicle Safety Alliance (CVSA) submitted a petition for rulemaking to
FMCSA on October 18, 2007, to amend 49 CFR 393.60(e). The CVSA petition
requests that the FMCSRs be amended to permit video event recorders and
similar devices that require a clear forward facing visual field to be
mounted not more than 50 mm (2 inches) below the upper edge of the area
swept by the windshield wipers, provided that they are located outside
the driver's sight lines to the road and highway signs and signals.
DriveCam proposes that motor carriers utilizing the exemption be
required to comply with the standard proposed in the CVSA petition if
it is adopted during the 2-year exemption period. Copies of DriveCam's
application for exemption and the CVSA petition are available for
review in the docket for this notice.
DriveCam contends that video event recorders, once intergrated into
fleets, have been shown to reduce the incidence of preventable vehicle
incidents and crashes by 30-40 percent when used with a program to (1)
review non-crash events, and (2) coach drivers to improve driving
behavior. DriveCam provided a number of case studies of commercial
fleets that it has conducted to support these claims.
Comments
On October 31, 2008, FMCSA published notice of the DriveCam
application and asked for public comment (73 FR 65008). The Agency
received two comments.
1. Mr. Richard L. Cofer, of Southern Company, a large utility with
over 2,500 commercial motor vehicles, stated that Southern supports the
use of video event recorders, and does not object to granting the
exemption. Mr. Cofer stated that the devices present relatively minor
visual obstruction when placed directly under the rear view mirror. Mr.
Cofer stated that if an exemption is granted, the Agency should
specifically identify where the devices can be placed.
FMCSA Response: DriveCam proposed to require motor carriers to
mount video event recorders not more than 50 mm (2 inches) below the
upper edge of the area swept by the windshield wipers, and outside the
driver's sight lines to the road and highway signs and signals in
accordance with the CVSA petition for rulemaking. As noted below, the
Agency has adopted these parameters as conditions of the exemption.
2. The California Highway Patrol (CHP) stated that the windshield
visibility requirements in the California Vehicle Code (CVC), Section
26708, are based on the preemptive requirements of the Federal Motor
Carrier Safety Standards (FMVSS) (49 CFR part 571.104) and cannot be
changed without a statutory amendment. Until that step is taken, CHP
asserted that the installation of video event recorders as proposed by
DriveCam would be prohibited in California. In addition, CHP expressed
concern regarding the lack of any safety studies and related supporting
data to support the exemption application.
FMCSA Response: While FMCSA acknowledges that DriveCam did not
present specific studies or data showing that safety will not be
degraded, the Agency believes that placement of video event recorders
just below the top of the swept area of the windshield wipers will (1)
be well outside the drivers' sight lines, (2) allow the Agency to test,
on an interim basis, an innovative safety management control system,
and (3) not negatively affect safety. The FMCSA encourages any party
having information that motor carriers utilizing this exemption are not
achieving the requisite level of safety immediately to notify the
Agency. If safety is being compromised, or if the continuation of the
exemption is not consistent with 49 U.S.C. 31315(b) and 31136(e), FMCSA
will take immediate steps to revoke the exemption.
FMVSS 104, Windshield Wiping and Washing Systems (49 CFR 571.104),
applies to vehicle manufactures, while this exemption applies to
individuals or businesses that purchase and operate the vehicles.
Pursuant to 49 U.S.C. 31315(d) (as implemented by 49 CFR 381.600),
``[d]uring the period that a[n] * * * exemption * * * is in effect * *
* no State shall enforce any law or regulation that conflicts with or
is
[[Page 17551]]
inconsistent with the * * * exemption * * * with respect to a person
operating under the * * * exemption * * *.'' To the extent CVC 26708
conflicts with this exemption, it is preempted by Federal law and may
not be enforced.
Terms and Conditions for the Exemption
Based on its evaluation of the application for an exemption, FMCSA
grants DriveCam's exemption application. The Agency believes that the
safety performance of motor carriers during the 2-year exemption period
will likely achieve a level of safety that is equivalent to, or greater
than, the level of safety achieved without the exemption because (1)
based on the technical information available, there is no indication
that the video event recorders would obstruct drivers' views of the
roadway, highway signs and surrounding traffic; (2) generally, trucks
and buses have an elevated seating position which greatly improves the
forward visual field of the driver, and any impairment of available
sight lines would be minimal; and (3) the location within the top two
inches of the area swept by the windshield wiper and out of the
driver's normal sightline should be reasonable and enforceable at
roadside. In addition, the Agency believes that the use of video event
recorders by fleets to deter unsafe driving behavior is likely to
improve the overall level of safety to the motoring public. Without the
exemption, FMCSA would be unable to test this innovative safety
management control system.
The Agency hereby grants the exemption for a two-year period,
beginning April 15, 2009 and ending April 15, 2011.
During the temporary exemption period, motor carriers using video
event recorders must ensure that the devices are mounted not more than
50 mm (2 inches) below the upper edge of the area swept by the
windshield wipers, and outside the driver's sight lines to the road and
highway signs and signals.
Preemption
During the period the exemption is in effect, no state shall
enforce any law or regulation that conflicts with or is inconsistent
with this exemption with respect to a person operating under the
exemption.
Issued on: April 6, 2009.
William A. Quade,
Acting Chief Safety Officer.
[FR Doc. E9-8595 Filed 4-14-09; 8:45 am]
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