FMCSA Seeks HOS Stay

Aug. 31, 2004
A motion filed yesterday by the Federal Motor Carriers Safety Administration (FMCSA) to the Washington D.C. Circuit Court of Appeals requests that the current hours of service (HOS) rules remain in effect until FMCSA enacts new rules

A motion filed yesterday by the Federal Motor Carriers Safety Administration (FMCSA) to the Washington D.C. Circuit Court of Appeals requests that the current hours of service (HOS) rules remain in effect until FMCSA enacts new rules.

This is FMCSA’s first legal action since the Court deemed HOS “arbitrary and capricious” on July 16, 2004, because the agency failed to consider its direct effects on driver health.

“A stay is necessary to avoid substantial disruption in the enforcement of HOS requirements while affording the agency a reasonable amount of time to address the Court’s decision, and to develop and implement a plan addressing the issues raised” FMCSA stated.

In a separate motion filed by intervenors— the American Trucking Associations (ATA) and Truckload Carrier Association (TCA)— the trade groups say the stay would negate potentially costly repercussions associated with switching back to the old rules.

“The instantaneous revival of the former HOS rules would cause chaos and would diminish highway safety,” the trade groups stated. “A judicially imposed immediate conversion to the former HOS rules would cause rampant confusion and severe dislocation for these stakeholders.”

If the stay for further action on the HOS lawsuit filed by Public Citizen is not granted, the motion states it is impractical to enact an immediate reversion to the old rules. “A lengthy transition is needed in order to avoid chaos and severe dislocation in the trucking industry. For these reasons, in 2003, FMCSA allowed an eight-month transition period from the old to the new rules,” the ATA and TCA added.

Voice your opinion!

To join the conversation, and become an exclusive member of FleetOwner, create an account today!

Sponsored Recommendations

Boost truck leasing profits with telematics insights! Reduce maintenance costs, improve uptime, and strengthen customer relationships. Learn how data drives success.
This free guide outlines simple steps for hiring and onboarding commercial drivers while ensuring that you meet Regulation Part 391 and maintain fully compliant driver qualification...
Ready to boost fleet efficiency by up to 50%? Learn how AI-powered dispatch and next-gen tech are transforming TMS workflows, improving driver planning, and streamlining operations...
Gain a strategic edge in today’s evolving fleet landscape. Join us to explore how fuel cards are helping fleet managers cut costs, enhance control, and prepare for an electrified...