Tuesday, October 27, 2009

FMCSA to rewrite hours-of-service rules

I have some news that is a bit surprising - the FMCSA has evidently decided to settle the pending litigation from the IBT, Public Citizen and others - rather than fight. The commercial drivers' HOS will be completely rewritten. This is of highest importance and could have dramatic consequences for our industry and the economy in general - it all depends on how it comes down. The first word I received is from the New York State Motor Truck Association. Their message is below. There will be lots of news forthcoming.

"NYSMTA has just learned that The Federal Motor Carrier Safety Administration (FMCSA), in response to a legal challenge to the current hours of service (HOS) regulations, will completely rewrite the 2008 HOS regulations. The agency will issue a proposed rulemaking within 9 months and a new Final Rule in less than two years.

This settlement is in response to a legal challenge brought against FMCSA by Public Citizen, Advocates for Highway and Auto Safety, the Truck Safety Coalition and the International Brotherhood of Teamsters. In March 2009, the groups asked a D.C. Appeals court to throw out the HOS rule. The March 2009 challenge was the third challenge to the Bush Administration’s HOS rules.

At the time of this notice, the Department of Transportation had not released any comments about the settlement. NYSMTA will continue to update you as more information becomes available."

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