Court dismisses hours of service case

Jill Dunn | February 09, 2012

A federal court dismissed the hours of service lawsuit Feb. 8, ending nearly three years of litigation that resulted in the current rule governing drivers’ on-duty time.

The Washington, D.C., appellate court issued the dismissal order in response to a Jan. 23 joint request from the defendant Federal Motor Carrier Safety Administration and the plaintiffs – the Advocates for Highway and Auto Safety, Teamsters union, Public Citizen and the Truck Safety Coalition.

The court had asked both parties to file motions to govern further court proceedings by Jan. 23. Per the parties’ 2009 settlement agreement, the court had held the case while the agency made new hours of service rules to replace the 2008 rule the organizations sued over.

The Feb. 8 order stated that the current rule, issued Dec. 22, “supersedes the rule at issue in this case.” Both sides have agreed to pay their own litigation costs.

Their 2009 joint agreement states if the “FMCSA promulgates a new rule that is substantially different from the 2008 rule, that may obviate the need for judicial review of the current rule.”

After the agency was sued, the Owner-Operator Independent Drivers Association, the American Trucking Associations and four other transportation and business groups filed as intervenors for the FMCSA.

  • ronald barton

    there is a war being waged against the trucking industry…i am am o/o and have grown tired of fighting the unendinf regulations coming down against us..i am now in the process of selling my truck and getting out of the business….i have been in business for more than 10 years but i am now done…will not being hiring anyone or building my fleet….i hope the american people gte there wish and have to go to the rail yard to buy the things they need…i no longer care if gas is 20 bucks a gallon or milk is 10 bucks…i have a small farm and can grow the food i need to survive…

  • daniel melius

    ya wensday got pulled over by mi dot for tailights being out on tractor wicth were working on last check didnt get find but they wrote it up for the company and my log my fault for that to me thats bullshit when i had the trailer hooked even i thought a wire broke but both plug going into lights were corated and broke

  • F. Kenneth Williams

    I have been trucking sence May 1979 I have had my MC number for years.I have seen a lot of changes,but until five years ago it started getting hard to pass a scale house or Hiway patrol car with out the fear of being pulled over.Now a driver has lost the right to fair trial you are guilty and that it.In the name of safety, or is it that the trucking companys have become a rolling ATM cash machine for the local,state and fedral goverments. But the new rules to update to eobr and other recording devices will cost companys two thing that are dear to them profit and freedom. Unless the freigt rates increse small trucking firms will collaps under the this heavy burdin.

  • Henry McGuire

    Times are very hard right now, cost of living is unreal, cost of fuel, replacement cost for equipment, an the list goes on an on,,to those of you who sit there and think up all these new regs and bull shit way of thinking things should be done,,,,well here is your chance to see how easy it must be to your way of thinking,, the key is in the ignition,, show me you can do this better than we can, and remember that giving up is no option. Hell i bet you cant even get the truck and trailer out of the parking spot. Prove it

  • thomas roy graumenz

    What is wrong with everyone. Where has your pride in America gone. Government regulates industry from the small companies to the large. They have choked the life out of the American spirit ,which is creation, invention, and manufacture, all of which are the basics of the very existance of this country. Where have they all gone? What are politicians going to do when they regulate themselves out of a job? Dont think that cant happen people. All it takes to send that message to the right people is to vote everyone out and replace them. They replace your jobs and we elected them to a position to do it. IIts our turn. They tell you that if you do that the next guy mght be worse, how is that, Your elected official sold you out and the next guy might be worse. BULLCRAP. We put them in office, lets vote them out. You are losing constitutional rights one by one and all people do is bitch and point fingers, vote the idiot that is in office out, he made a mess in your house now kick him out. OFF YOUR ASSES get up and vote. Vote the existing politician out and a new one in, and make his dumb ass go look for work. Where is my America

  • Mike Rust

    As a 38 year OTR driver, I’ve seen alot of changes. The #1 problem is we aren’t considered skilled labor, so anyone can become a steering wheel holder. You don’t even have to speak English well, even though the CDL rules say different. The new breed can’t even read a road map. Everyone needes to vote this election, this will be the most important one in history. The government is taking our freedoms a little at a time. The UN is going to pass a world wide ban on hunting rifles & shotguns. Our leader says he’ll sign on to it. Then they’ll take away our right to hunt. Wake up America, we are individuals who had freedoms to make decisions & now the government, most of whom wouldn’t know how to start a truck, let alone survive out here for 30 days, are going to tell us how to do our jobs. Take a stand. Vote out Reed, Pelosi & all the other arrogent politicians that want to tell us what light bulbs to use, take control of the thermostats in our homes, how much water to flush our toilets & all the other infringments on our freedoms. Look at what they want to take away, not what they want to give you. You will be able to earn what you want. You can’t get back what they take away. Think about That. strives to maintain an open forum for reader opinions. Click here to read our comment policy.