The following comes from the article linked above. It is one of the reasons I am proud to support OOIDA. I don't see anyone else voicing trucker concerns about HOS in court like OOIDA is. As I see it, my membership dues and contributions to the OOIDA PAC and litigation funds are being well spent. I encourage others to support OOIDA too.
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Paul Cullen, Jr., an attorney representing OOIDA, urged the court to send FMCSA “back to the drawing board†to reconsider the rule in three areas:
The decision not to allow breaks during the work day to stop the 14-hour clock. OOIDA has found that delivery schedules force many drivers to complete their work days without taking a break, Cullen told the judges. That’s the type of impact on driver health the court expressed worries about in 2004, Cullen said. In a member survey, OOIDA found that 60 percent said they avoid taking breaks during the 14-hour window.
The increased minimum consecutive hours in sleepers to satisfy mandatory rest. “The sleeper berth issue has caused the most concern,†especially for team drivers, Cullen told the court. He also faulted FMCSA’s procedural conduct in adopting the change even though the notice of proposed rulemaking didn’t specifically propose it. “We do not believe FMCSA gave proper notice,†Cullen said. “Either they would have to do a two-step rulemaking –- and they had plenty of time to do that –- or they would have had to better define the problem they were seeking to address.â€
The effect of loading and unloading on driver fatigue, particularly extensive waiting times that force drivers to push harder once they can get on the road.