Lawsuit filed in HOS interim final rule
Dec 21, 2007 11:46 AM
A lawsuit has been filed before the ink is hardly dry on an interim final rule that allows drivers up to 11 hours of driving time within a 14-hour, non-extendable window from the start of the workday, following 10 consecutive hours off duty (11-hour limit), according to Public Citizen information.
Public Citizen, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, Advocates for Highway and Auto Safety, and the International Brotherhood of Teamsters filed the lawsuit December 19 that asks the court to:
- enforce the court's earlier orders.
- vacate the Federal Motor Carrier Safety Administration (FMCSA) interim final rule (or at least that portion that reinstates the two invalidated provisions).
- require FMCSA to issue forthwith a revised interim final rule or other authoritative guidance that subjects truck drivers to a 10-hour (not an 11-hour) consecutive driving limit and to the governing 60-hour and 70-hour weekly on-duty limits with no 34-hour restart provision, pending completion of a new notice-and-comment rulemaking.
The lawsuit was filed against FMCSA in the United States Court of Appeals for the District of Columbia, which has heard numerous petitions filed by the advocacy groups related to the HOS issue.
FMCSA said earlier that the interim final rule was necessary to prevent disruption to enforcement and compliance with the HOS rules when a court-imposed stay expires, as well as possible effects on the timely delivery of essential goods and services. The interim final rule becomes effective December 27.
FMCSA said the decision ensures that a familiar and uniform set of national rules governs motor carrier transportation, while FMCSA gathers public comments on all aspects of this interim final rule, conducts peer review of our analysis, and considers the appropriate final rule that addresses the issues identified by the Court.
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