www.safetyandhealthmagazine.com/articles/trucking-association-files-appeal-on-hos-final-rule-2

Trucking association files appeal on HOS final rule

March 21, 2012

Arlington, VA – The American Trucking Associations filed an appeal (.pdf file) on March 15 with the U.S. Court of Appeals for the D.C. Circuit over the Federal Motor Carrier Safety Administration’s hours-of-service final rule issued last December. ATA, which considers the rule's new provisions "arbitrary," finds legal faults with the final rule on four main issues:

  • New limitations on the 34-hour restart provision, which allows drivers to “reset” their weekly driving hour limit, to require two rest periods between 1 a.m. and 5 a.m.
  • Limiting the restart provision to once every 168 hours
  • A provision that mandates drivers are not allowed to perform non-driving-related work tasks during mandated 30-minute break
  • Exceptions for delivery drivers that were not originally discussed in the rule’s notice of proposed rulemaking

ATA filed a petition over the final rule on Feb. 14. Three safety advocacy organizations and two truck drivers filed a joint lawsuit on Feb. 24 over the final rule, arguing it forces drivers to operate their vehicles unsafely.