Wednesday, February 27, 2013

What’s Going on with Hours of Service?

We are getting that question a lot.  First, look at the changes in the new Hours of Service Rule that will become effective July 1, 2013 here:  http://www.fmcsa.dot.gov/documents/hos/HOS_Compare_new_rule_to_current.pdf  
On March 15, the three-judge US Court of Appeals for the District of Columbia will hear two opposing lawsuits regarding this rule.  On one side is the American Trucking Association.  The ATA argues that several provisions of this regulation will harm productivity, with no evidence it will improve safety. 
On the other side is a coalition of the Teamsters, Public Citizen, and CRASH.  They will argue that the driving time allowed should be lowered to 10 hours per day, and that there is a loophole in the 34 hour restart provision. 
The CVSA and the ATA have asked the Agency postpone the ruling until 3 months after the DC Court of Appeals ruling is issued.  On February 26, the Agency wrote a letter to the ATA - stating that the ATA did not demonstrate good cause to delay implementation of the rule. 
As a fleet operator – what should you do?  It seems the prudent course of action is to begin training drivers on the new rule as it stands now.  If the court changes the new rule, then you’ll need to train drivers again.  One of the best resources is the FMCSA’s web site - http://www.fmcsa.dot.gov/rules-regulations/topics/hos/index.htm
We will keep you posted on changes as they happen – keep checking our blog and sign up for our free newsletter.  

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