Is HOS regulations changing?
- Thread starter lisalewis
- Start date
greg334
Veteran Expediter
Tuesday, July 24, 2007 – Truckers will once again face another new hours-of-service regulation, thanks to a ruling that eliminates the 34-hour restart and 11-hour driving limit.
The U. S. Court of Appeals for the District of Columbia Circuit issued a ruling today on a pair of challenges to the current hours-of-service regulations.
In the decision issued by the court, the 11-hour driving time limit and the 34-hour restart were thrown out. No changes to the sleeper-berth provision were made. The court ruled based on procedures followed by the Federal Motor Carrier Safety Administration and not on the merit of the challenged provisions.
Truckers may feel like they are in a state of limbo with this latest round of changes to the hours-of-service regulations.
But, in the short term, nothing really changes.
According to a statement from FMCSA, agency staffers 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 Sept.14, unless the court orders otherwise.â€
Officials with the Owner-Operator Independent Drivers Association said that until FMCSA takes some sort of official action truckers should continue operating under the 11-hour driving rule and utilizing the 34-hour restart if needed.
“The court’s ruling impacts the agency, not the truckers,†said OOIDA President and CEO Jim Johnston. “Truckers should continue operating the way you are until we see some sort of official action out of DOT.â€
And, Johnston doesn’t expect to wait long to hear what the next step will be.
“I expect DOT to act quickly and implement the changes the court mandate,†he said.
The U. S. Court of Appeals for the District of Columbia Circuit issued a ruling today on a pair of challenges to the current hours-of-service regulations.
In the decision issued by the court, the 11-hour driving time limit and the 34-hour restart were thrown out. No changes to the sleeper-berth provision were made. The court ruled based on procedures followed by the Federal Motor Carrier Safety Administration and not on the merit of the challenged provisions.
Truckers may feel like they are in a state of limbo with this latest round of changes to the hours-of-service regulations.
But, in the short term, nothing really changes.
According to a statement from FMCSA, agency staffers 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 Sept.14, unless the court orders otherwise.â€
Officials with the Owner-Operator Independent Drivers Association said that until FMCSA takes some sort of official action truckers should continue operating under the 11-hour driving rule and utilizing the 34-hour restart if needed.
“The court’s ruling impacts the agency, not the truckers,†said OOIDA President and CEO Jim Johnston. “Truckers should continue operating the way you are until we see some sort of official action out of DOT.â€
And, Johnston doesn’t expect to wait long to hear what the next step will be.
“I expect DOT to act quickly and implement the changes the court mandate,†he said.
Interesting Crazynuff, but if it seems to good to be true,...
greg334
Veteran Expediter
The way it is supposed to work is the FMCSA has to revise the regulation as it is on the books, there is no automatic going back. The ruling made the regulation invalid but until there is a revision, the regulation is enforced and a notice from the regulatory agency that revision will take/has taken place and given ample time to pass it through the court if the court rule to do so.
This is not to be confused with laws, regulations and laws are separate when there is a ruling, laws are instantly nullified. If this was the case with this regulation, then the regulation would be nullified and there would be no need to track hours of service.
This is not to be confused with laws, regulations and laws are separate when there is a ruling, laws are instantly nullified. If this was the case with this regulation, then the regulation would be nullified and there would be no need to track hours of service.
nightcreacher
Veteran Expediter
When the new H O S starts,there will be no 34 hour reset and the driving time will be back to 10 hours,and the 14 hour rule will remain.Still no split bunk for teams
Broompilot
Veteran Expediter
Pulled into the VA scale house last Sunday to ask this exact question. Here was the response. "Driver do not concern yourself about that, its not happening we have not heard a word" Direct quote from the D.O.T. in VA.
Its not on the horizon, for what my word is worth.
Its not on the horizon, for what my word is worth.
>I still don't understand why they would want to do away with
>the 34HR restart? Everyother job restarts their hours after
>the weekend, why can't we?
The 34 hour restart and 11 hour rule were thrown out because FMCSA did not follow proper procedures in implementing them . Public Citizen claimed the restart would allow drivers to work too many hours . More possible hours on paper , yes . But in reality it would require working 14 hours every day for 5 days straight , taking the restart then continue working 14 hour days . Did anyone at all do that ? Another thing is claiming more off duty hours make drivers less fatigued . Pure nonsense . Many off duty activities are more fatiguing than driving .
>the 34HR restart? Everyother job restarts their hours after
>the weekend, why can't we?
The 34 hour restart and 11 hour rule were thrown out because FMCSA did not follow proper procedures in implementing them . Public Citizen claimed the restart would allow drivers to work too many hours . More possible hours on paper , yes . But in reality it would require working 14 hours every day for 5 days straight , taking the restart then continue working 14 hour days . Did anyone at all do that ? Another thing is claiming more off duty hours make drivers less fatigued . Pure nonsense . Many off duty activities are more fatiguing than driving .
It amazes me how many drivers I talk to aren't even aware of this . From what I heard and read the 11 hour rule and 34 hour restart become invalid September 14 . So what are companies going to do ? Wait until Friday and tell drivers " By the way , you don't get a restart this weekend ? " Are they going to start checking logs at the scales the next week putting uninformed drivers out of service ?
greg334
Veteran Expediter
Here is the confusing part, many states have decided to follow the FMCSA completely without modifications of the regulations that the FMCSA came up with in the first place.
The FMCSA has told everyone to wait until they decide what to do, which is something that they will do at the last minute.
What is confusing is we can't go back to the old HOS because they have been legally superceded by the new HOS which has become invalid due to a procedural matter.
States may elect to say, "ok because the FMCSA has not come up with any regulation changes, we will continue just as we are doing until there are specific changes directly from the FMCSA" - regardless what the courts say - they did not make any state regulations invalid by any means.
To me it is simple, unless there is something from the FMCSA or my carrier with very specific instructions, I can not do anything except run under the 11/34 hour rules.
The FMCSA has told everyone to wait until they decide what to do, which is something that they will do at the last minute.
What is confusing is we can't go back to the old HOS because they have been legally superceded by the new HOS which has become invalid due to a procedural matter.
States may elect to say, "ok because the FMCSA has not come up with any regulation changes, we will continue just as we are doing until there are specific changes directly from the FMCSA" - regardless what the courts say - they did not make any state regulations invalid by any means.
To me it is simple, unless there is something from the FMCSA or my carrier with very specific instructions, I can not do anything except run under the 11/34 hour rules.