A Federal Motor Carrier Safety Administration memorandum filed September 21 strongly supports the American Trucking Associations' request that the DC Circuit Court of Appeals' vacating of the 11- and 34-hour provisions of the hours-of-service (HOS) rules be stayed pending their reconsideration by the agency.
FMCSA said a stay was needed to “prevent substantial disruption of trucking operations,” and cited timing concerns and significant transition costs to the industry related to a rule change. Those costs could “have to be incurred again,” FMCSA said. The agency also predicted disruptions and confusion in HOS enforcement if the rules were changed.
Moreover, the agency expressly said it “agrees with ATA that maintaining the status quo will not harm public safety or driver health.”
FMCSA suggested that the court grant a 12-month stay during which it would conduct a new rulemaking to consider new data and address shortcomings identified by the court.