Just under two years ago (August 26, 2005 to be exact) we wrote, “It will be surprising if the Court lets this (revised Hours of Service) stand.” Well folks, our prediction was correct.
In a decision handed down on July 24, The United States Court of Appeals for the District of Columbia struck down a portion of the truck drivers’ Hours of Service (HOS) rules. In its ruling, the Court said that the Federal Motor Carrier Safety Administration (FMCSA) had failed to provide sufficient justification for the portion of the new rules allowing drivers to be behind the wheel for 11 hours, as well as the provision covering the 34-hour restart requirement.
The heart of the legal challenge was that the FMCSA had changed the old rules increasing driving time from 10 to 11 hours in a 14-hour day while requiring that drivers be given a mandatory 10-hour rest period. The 34-hour restart requires that drivers take 34 consecutive hours off each week.
The American Trucking Associations (ATA) announced that it will seek a stay from the Court which would keep the current rules governing truck drivers’ work and rest periods in place until the FMCSA can furnish the Court with explanations for the contested portions of the rules. The rest of the rules will remain in place, and FMCSA and other parties will have 45 days to petition for reconsideration.
If the ATA and the FMCSA motions for a stay are successful, the effective date of the Court’s decision will be postponed while FMCSA is reconsidering the rule and preparing its response.
The controversy dates back to 2003 when the FMCSA announced its revision of the original Hours of Service which dated from the late 1930s. Court challenges in 2004 were successful in having the entire rule stricken, but a one-year congressional extension allowed the agency to work on a revision with the stricken rule remaining in place. The new rules released in 2005 were almost identical to the old ones, ensuring a court challenge.
The FMCSA’s initial response is “We are analyzing the decision issued today to understand the court’s findings as well as determine the agency’s next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations and save lives. This decision does not go into effect until September 14, unless the court orders otherwise.”
We’ll keep you posted.
That’s it for now – and all on one page.
Michael A. Regan, CEO
TranzAct Technologies, Inc.
