Appeals court denies motion to vacate HOS rules

Jan. 29, 2008
The U.S. Court of Appeals for the District of Columbia Circuit denied a motion to vacate the interim hours of service (HOS) rule adopted by the Federal Motor Carrier Safety Administration

The U.S. Court of Appeals for the District of Columbia Circuit denied a motion to vacate the interim hours of service (HOS) rule adopted by the Federal Motor Carrier Safety Administration (FMCSA). The regulation holds drivers to a limit of 11 hours per day and a 34-hour restart.

The American Trucking Assns. (ATA), which strongly supports the current rule, commended the ruling. “Government and industry safety data clearly indicate that the current rules are working in terms of driver health, truck safety, and overall highway safety,” said ATA president & CEO Bill Graves. “The rules have been in force for four years and safety has improved over this time period.”

The Teamsters, which support a 10-hour rule, brought the case to the court of appeals along with Advocates for Highway and Auto Safety and Public Citizen. The Teamsters referred to FMCSA reinstating the rule as a “brazen defiance of the court and in subservience to the trucking industry.” However, the court decided not to strike the rule.

“We will continue to fight this dangerous rule, though the court refused to intervene this time,” said Jim Hoffa, Teamsters general president. “This was a procedural ruling that does nothing to support the Bush administration’s justification for letting tired truck drivers spend even more time behind the wheel.”

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