Latest on the HOS changes

This is a summary from TheTrucker.com on the latest in the HOS rule changes:

FMCSA seeks 12-month stay on HOS ruling

The Federal Motor Carrier Safety Administration (FMCSA) late Friday said it had asked the Washington, D.C. Circuit Court of Appeals to delay implementing its ruling vacating two portions of the Hours of Service (HOS).

FMCSA’s statement followed a notice sent out by the American Trucking Associations Friday afternoon that said it “welcomes the Federal Motor Carrier Safety Administration memorandum that asks the D.C. Circuit Court of Appeals to delay implementing its ruling on regulations that govern the working hours of commercial drivers.”

In its response to press inquiries about the ATA notice, FMCSA stated that: “ … We support the [ATA] motion and seek a stay period of 12 months, during which time we will focus on gathering data and comments to address the court's procedural issues and determine the agency's best steps to improve safety on America's highways."

ATA explained that an “FMCSA memorandum filed today [Friday] strongly supports ATA’s request that the Court’s vacating of the 11- and 34-hour provisions of the Hours of Service rules be stayed pending their reconsideration by the agency.”

“We are pleased that the agency has supported our motion and our view that the Court ruled only on the procedures that FMCSA used in adoption of the HOS regulations, and not on the regulations themselves,” said ATA President and CEO Bill Graves in the ATA notice. “It is also important to note that the FMCSA states that ‘available data show that continuing the status quo will not diminish safety,’’’ the ATA statement added.

According to ATA: “FMCSA said a stay was needed to ‘prevent substantial disruption of trucking operations,’ and cited timing concerns and significant transition costs to the industry related to a rule change. Those costs could ‘have to be incurred again,’ FMCSA said. The agency also predicted disruptions and confusion in HOS enforcement if the rules were changed.”
ATA said FMCSA “expressly stated that it ‘agrees with ATA that maintaining the status quo will not harm public safety or driver health.’ In support of that statement, improving safety statistics were cited, including a declining trend in fatigue-related accidents.”

FMCSA stated that the Court had invalidated the 11- and 34-hour provisions “on procedural grounds only” and that the “Court’s decision did not foreclose issuance of a new rule that contains the 11-hour and 34-hour provisions, assuming the agency provides the requisite notice-and-comment and adequately explains its reasoning,” ATA noted.

“It is expected that Public Citizen, who led the challenge to HOS rule, will file a memorandum opposing the stay later today,” ATA said.
http://www.thetrucker.com/News/Stories/2007/9/21/FMCSAseeks12-monthstayonHOSruling.aspx

Author: Karl Olson