The US Court of Appeals back in July of 2007 tossed out certain parts of the "new" commercial drivers hours of service provisions - provisions we have all gotten quite used to. In the case of regular route carriers (many private fleets, postal fleets, and LTL carriers) entire terminal systems were reconfigured. The court responded to a lawsuit, and specifically objected to the increase of allowed driving time from 10 hours per shift to 11 hours per shift, and to the 34 hour restart of the cumulative hours (70 in 8 days or 60 in 7 days).
However, it is important to note that the ruling was tossed because of procedural reasons. The court did not see that the FMCSA actually did what Congress asked it to do back in 2002 - scientifically prove the affect of the hours of service regulations on drivers' health. The court did not toss the rule based on the rule itself. This is important - and why I believe that the rule will not be changed but that there will be proof that these rules changes improve drivers' health.
We'll soon see if I am right. Back in October the agency sent the final rule to the White House OMB. The White House is very adamant about getting the final rule out by the end of this year. Will the final rule that is approved by the White House Office of Management and Budget be the same? As I mentioned, I bet it is the same as this "interim" rule we are operating under now. And will this new rule be challenged again in the courts? Will Congress step in - something that neither party has shown a willingness to do since 2002? We may see by the end of the year.
And by the way, the HOS fun is not over. There is a new ruling on EOBR's that is rumored to be out around the end of the year as well. This new rule, if it is like the proposal (Notice of Proposed Rule making 395.16) will mean substantial technology changes.
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