riverrat2000
Seasoned Expediter
According to an article dated 7-24-07 in The Trucker News Services.
Today the U.S. Court of Appeals for the D.C. Circuit issued its decision on Hours of Service choosing to vacate
the 11-hour daily driving time and the 34-hour restart provisions of the regulations issued in August 2005. Leaving the rest
of the current rule in place.
The court's decision will not become effective for 52 days, which means that the 11-hour limit and 34-hour restart stay in place
for at least that time frame.
The court concluded that FMCSA violated the Administrative Procedure Act because it failed to give interested parties an
opportunity to comment on the crash-risk model that the agency used to justify an increase in the maximum number of daily and weekly hours that truck drivers may drive and work.
Regarding the split sleeper-berth provision of the rule, the court denied the Owner-Operator Independent Drivers Asso.'s petition and dismissed the three arguments that OOIDA and the intervener raised regarding the split sleeper-berth. TCA was one of the intervener's.
By the court rule, FMCSA has 45 days to petition for reconsideration. After that time and within seven days, the court's mandate will stand. In addition to possibly seeking reconsideration, which is seldom granted, the parties involved can seek a stay of the mandate to keep the current provisions in place pending the remand and further agency action.
FMCSA issued a statement in response. "We are analyzing the decision issued today to understand the courts findings as well as determine the agency's next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations and save lives. "it reads" "This decision does not go into effect until Sept 14, unless the court orders otherwise."
The American Trucking Associations intends to seek a stay from the court to allow the 11-hour daily drive time and 34-hour restart to remain in place until the agency can reevaluate these regulations.
This is the second rule vacated, at least in part by the court. A finale rule released in 2003 was thrown out by the same court after numerous groups challenged it.
Today the U.S. Court of Appeals for the D.C. Circuit issued its decision on Hours of Service choosing to vacate
the 11-hour daily driving time and the 34-hour restart provisions of the regulations issued in August 2005. Leaving the rest
of the current rule in place.
The court's decision will not become effective for 52 days, which means that the 11-hour limit and 34-hour restart stay in place
for at least that time frame.
The court concluded that FMCSA violated the Administrative Procedure Act because it failed to give interested parties an
opportunity to comment on the crash-risk model that the agency used to justify an increase in the maximum number of daily and weekly hours that truck drivers may drive and work.
Regarding the split sleeper-berth provision of the rule, the court denied the Owner-Operator Independent Drivers Asso.'s petition and dismissed the three arguments that OOIDA and the intervener raised regarding the split sleeper-berth. TCA was one of the intervener's.
By the court rule, FMCSA has 45 days to petition for reconsideration. After that time and within seven days, the court's mandate will stand. In addition to possibly seeking reconsideration, which is seldom granted, the parties involved can seek a stay of the mandate to keep the current provisions in place pending the remand and further agency action.
FMCSA issued a statement in response. "We are analyzing the decision issued today to understand the courts findings as well as determine the agency's next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations and save lives. "it reads" "This decision does not go into effect until Sept 14, unless the court orders otherwise."
The American Trucking Associations intends to seek a stay from the court to allow the 11-hour daily drive time and 34-hour restart to remain in place until the agency can reevaluate these regulations.
This is the second rule vacated, at least in part by the court. A finale rule released in 2003 was thrown out by the same court after numerous groups challenged it.
