ATA petitions FMCSA on HOS fix

| 9/5/2007

On Friday, Aug. 31, the American Trucking Association petitioned the Federal Motor Carrier Safety Administration requesting the publication of an “interim” final rule on the maximum 11-hour daily drive limit and the 34-hour restart provision in the hours-of-service regs.

In July, the U.S. Court of Appeals for the Washington, DC, Circuit struck down those two provisions in the two-year-old HOS regulations for truckers. The court gave FMCSA a Sept. 14, 2007, deadline. The agency is reportedly still working on a response to the court ruling.

The ATA wants the agency to commit to working with Secretary of Transportation Mary Peters and the Office of Management and Budget to kick it up a notch in order to accomplish a final rule that would be done in 90 days.

ATA, in its petition, suggested a timeline that would see the FMCSA publish the rule no later than Sept. 14, 2007, re-adopting the maximum 11-hour daily drive limit and the 34-hour restart provision.

ATA also suggested within 50 days of publishing the rule, the agency should publish a final rule addressing the driving limit and restart provision, focusing on the issues identified by the court. After a 30-day comment period, ATA is asking the agency to complete the review within a month and draft a new final HOS rule within another 30 days.