OOIDA files petition for review over FMCSA fatigue actions

January 9, 2013

Grain Valley, MO – The Owner-Operator Independent Drivers Association filed a petition on Dec. 21 with the U.S. Court of Appeals for the District of Columbia Circuit to block the Federal Motor Carrier Safety Administration and law enforcement agencies from enforcing fatigue-related out-of-service orders stemming from “reasonable articulable suspicion.”

OOIDA asserted in the petition that FMCSA has issued a “de facto” amendment to its hours-of-service final rule (.pdf file) by stating in an Oct. 23 letter it sent to OOIDA that law enforcement officers can place commercial motor vehicle drivers out-of-service if they suspect drivers are fatigued. OOIDA said the original purpose of HOS regulations is to “protect drivers from forced dispatch by motor carriers” when they are too fatigued to operate a vehicle safely.

The association requested the court prohibit FMCSA from implementing the alleged amendment and remove records of fatigue-based OOS orders.