Court upholds all of hours rule for long-haul drivers

| August 02, 2013

hours-of-service-truck-stopThe entirety of the current hours of service rule was upheld in federal court Aug. 2 for long-haul drivers. The only portion of the rule vacated by the court was the required 30-minute break for short-haul drivers.

The U.S. Court of Appeals for the District of Columbia rejected all of the other American Trucking Associations’ arguments against the rule. ATA’s Dave Osiecki said the group is “disappointed the court chose to give unlimited deference to the Federal Motor Carrier Safety Administration’s agenda-driving rulemaking.”

He did, however, say that the court’s ruling to strike down the break requirement for short haulers “is an important victory.” Short haulers are defined as those who drive within a 150-mile radius of the base from which they are dispatched.

FMCSA in a statement said it is “pleased with the court’s decision.”

“The ruling recognizes the sensible data-driven approach that was taken in crafting this important regulation to increase safety and reduce driver fatigue – a leading factor in truck crashes,” the statement said. “The ruling also provides added certainty for all affected, moving forward.”

The current hours rule became largely effective July 1 and, along with the mandatory 30-minute break after eight on-duty hours, it limits the use of a 34-hour workweek restart to just once in 168 hours and requires that the restart include two 1 a.m. to 5 a.m. periods.

Judge Janice Rogers Brown, writing for the three-judge panel, said the court hopes the ruling will “[bring] an end to much of the permanent warfare surrounding” the rules. “Though FMCSA won the day not on the strengths of its rulemaking prowess, but through an artless war of attrition, the controversies of this round are ended,” she wrote.

“ATA takes issue with the study’s methodology and the conclusions the FMCSA draws from it,” Brown wrote, in regard to FMCSA’s stipulating when these two breaks occur.  “But we must unquestionably defer to an agency’s expertise in weighing and evaluating the merits of scientific studies.”

Also grouped into the case was a lawsuit from Public Citizen, which argued that the current hours rule was not restrictive enough. The court rejected the group’s entire argument.

  • martymarsh

    Hey Shawn, are you another industry troll?

  • martymarsh

    Right on.

  • martymarsh

    None of this matters, because you can’t regulate rest, which tells you what this is about, THE DOLLAR.
    Washington will never be more corrupt than it is today, keeping the money wheel turning.

  • Shawn L Hubbard

    Yes, because you’re a failure in life, find a scapegoat. The fact that you’ve proven yourself a narrow-minded bigot who hides behind an anonymous profile precludes any kind of intelligent conversation. It’d be like speaking to my dog about Einstein’s Theory of Relativity…he would just resort to what he does best…cleaning his bunghole.

  • Shawn L Hubbard

    If by troll, you mean a responsible professional driver, then yes, that’s what I am.

  • martymarsh

    No that is not what I meant, but you can take the worst company in the whole country and they will have a handful of happy drivers, now why do you suppose that is?

  • martymarsh

    I hide behind nothing big boy, and I see you have that third grade school girl syndrome, no one is as smart as me.

  • Shawn L Hubbard

    Coming from someone who tried to school me in history, I find that comment laughable. And you’re right, I’m a big boy and I enjoy taking on internet guttersnipes like you who thrive on being a computer tough guy. Meanwhile, in reality, you’re a measly puke who would become an instant sissy with one punch to the gut.

  • Shawn L Hubbard

    I don’t know Marty, you seem to have all the answers. Why don’t you enlighten us?

  • Shawn L Hubbard

    And by the way Marty, those remarks were for Mike Smith, but I guess I must have hit a sore point with you, so if the shoe fits…

  • martymarsh

    I tried to school you in history, how did I do that? Telling someone the way it is, is being a computer tough guy? You or your size would not impress me, but let us get to the real facts here. Anyone one that is successful and making a good living in this industry would not be on here running their mouth unless they where making money with the corrupt system. Someone that is doing good don’t care what is going on in other peoples lives, so I was right, you are nothing but a troll and a liar.

  • martymarsh

    Butt kissers, you have been enlightened.

  • Shawn L Hubbard

    Wow, that’s some pearl of wisdom you offered up. Thank you, happy drivers are butt kissers…let me just soak that in because you’re blowing my mind right now. I mean, I can hardly contain myself. With that kind of knowledge, I can imagine you’re doing quite well in life. Probably CEO of some Fortune 500 company. You know, I think I’m going to save that nugget and safely store it somewhere because it’s priceless. Then one day, maybe I can dream of sharing such great knowledge with the future MartyMarsh’s of the world, seated happily on their little yellow school bus, sloppily drooling without a care in the world.

  • martymarsh

    Look if we are to continue this conversation you have to try to use your brain a little bit. I said, if you take a look at the worst company in the country they will have a handful of happy drivers, if they didn’t keep some happy then they would have none, and you end up with butt kissers.
    Now, why is it that I ask a question and you don’t answer it, could it be because you are a troll.
    But I do love this, keep talking, people get to see the true garbage that is out there.

  • Shawn L Hubbard

    Marty, I’m guessing you’re either mentally challenged or lack reading comprehension. The post just above yours says that it was meant for Mike Smith…but somehow the thread is showing I’m replying to you, probably because you were the last in the thread when I posted. oh, and yeah, I make a good living, got off work this morning at 2am and just taking care of some business before I take a little nap. But no matter how busy I am, I’ll always find time to verbally bitchslap someone who goes after me.

  • martymarsh

    Why would I bother reading who it was meant for when it came to me, and yes you are impressing the hell out of me.

  • Mike Smith

    There is no use in arguing with an anti-American pro-Mexican piece of $hit like this brainwashed a-hole Shawn. I do applaud you for attacking this scum, back & forth, time after time. If we let these Mexican supporters go with response it would be bad.

  • martymarsh

    Mike I couldn’t careless what he is, but it’s obvious that he is just as corrupt as the system and every time he makes a comment he proves it. It’s my job to keep him talking.

  • Ray Garcia

    Yeah, I hear you brother, to put it in simple terms, the government is trying everything they can do to stop us guys (genuine American citizens who drive trucks) from making a good living in the industry. That’s why they let the Mexicans come and do it for a fraction of the cost. Yes, it’s about the rich people getting what they want! And they pay the politicians to make that happen, forcing us out and ” bring in the slaves” from the south. I’m Mexican myself, but I’m also an American citizen so this is not a race issue, it’s an issue about the rich people who own all this stuff not wanting to pay people what they deserve so their “greedy asses” can save more money and get richer. And as a bonus, they are in a position to exploit everybody who choose to stay and keep driving, we have no choice, the rules have been made and the industry has “gone to the dogs”.

  • Mike Smith

    Agreed. What we have been & are experiencing is a psychological warfare on us. We can no longer expect to have our elected politicians, and judges protect us, and our country. They have failed us. This article is just another example judges ruling by decree rather than protecting our country & countrymen. NAFTA is another example.

  • martymarsh

    I couldn’t agree more Mike, we just have to keep fighting their lies.

  • MAC, retired driver(now)

    Follow the money! Who originally paid the lobbyists to start this crap back in 98? The AFL-CIO, TEAMSTERS and RAILROAD UNIONS!
    The “job creation” they never talk about is building thousands of satellite terminals around railheads and all over major cities, keeping them close enough for us to drive day cabs back and forth between them in an eight hour shift, clocking in and out, working 40 hour weeks and joining their unions.
    This has nothing to do with public safety, and everything to do with the survival of the unions that have the lowest membership since they came into being!
    FOLLOW THE MONEY AND SEE WHAT REALLY JUST HAPPENED!

  • Ramondo Elia

    What a bunch of crap. What make short haul different than long haul. Crap I say.

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  • Tom AndSheila Hurd

    The USA is full of “3rd world savages” because Americans don’t want to do what others are willing to do, it’s economics 101, why would I pay you $15 and hour to do what Pablo will do for $6 and if I can pay Pablo $6 and hour and they fine the dickens out of him for doing it wrong and Pablo gets $1 an hour after funding every law enforcement agency in the country for not taking his potty break at the right time everyone but Pablo wins, take the hint, leave the truck driving to Pablo and get a white collar job telling Pablo what to do and maybe even figure out how to be in the beneficiary line getting some of Pablo’s penalty returns.

  • Tom AndSheila Hurd

    You can’t sue if the Judges won’t rule against the law makers, you can only go over their heads and overrule the law makers by taking away the things they like, food, toilet paper, etc.

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  • Mike Smith

    We need a Magazine that identifies all the attacks on us, and identifies the parties leading the Attack on us, and supporting the attacks on us, and all Americans. A magazine supported by our buying power, to ensure our interests are supported. A magazine selling anything and everything we buy. And, or a magazine supported by our purchase.

  • No Reform

    Exactly…even the total dick cops on the highway start poking around trying desperately to find a way to RIP the driver OFF for MONEY to justify his Cop Job…then he writes up some crap..so the driver can PAY MONEY…and put some POINTS on all the Driver’s “files”..(dmv, csa). A Royal PiSSOFF is what trucking has become..lots ofguys are quitting this stinking bag of CRAP.

  • No Reform

    So TRUE…they will go to an industry like “retail clerks”….they smash the Unions…bring that WAGE down to Minimum…place CAMERAS(walmart has zillions) watching, observing, monitoring..then comes the PUNISHMENT and DOMINANCE for not COMPLYING!!! Kind of Funny when ya think about it…fun and games for the Super Rich….ENSLAVE the worker!!! Should be a game ya buy off the shelf..like monopoly…ENSLAVE the TRUCKER..maybe an entertaining computer game??? Hilarious…unless you are a Driver.

  • No Reform

    Well Said Gerry Buck!! You drove when it was alot more COOL than it is Today…….so did I.

  • No Reform

    Its a Game of “Beat The Clock”….electro logsmakes it even crazier!! Dashing around trying to shut down before ti’s TOO LATE!!..and you have fallen into the dreaded “NON COMPLIANCE”!!!!!! Its like a comedy when ya step back and look at whats going on..grown men hopping here and there before the clock runs out!! Like musical chairs….LOL..I bet they are laughing their heads off in Washinton…has to be a JOKE…no industry could be this rediculous.

  • Ray Garcia

    That’s a good idea (shutting down for a day) but I don’t think all of the truckers would participate when most of us are from south of the border and they are very happy being slaves and wouldn’t do a thing to change it. It’s too late they’ve already accomplished their goal. They tipped the scales. There’s not enough of us to make any difference.

  • denny

    What a joke im a ltl driver and ive never been more tired from the mandatory 30 min lunch. Ive been driving for more than 15 yrs,with no dot accidents.wish we could stand together like countries like Germany where they will park there trucks on the interstate it would only take a couple days n hos would be changed

  • Shawn L Hubbard

    Just because I take on a couple of racist bigots doesn’t make me pro Mexican. I never once mentioned I support NAFTA, though it’s funny how people like you don’t have problems with Canadians, who apparently have the right skin color. And who exactly are our fellow countrymen? I’m assuming you mean our fellow white men because you couldn’t possibly mean brown and black Americans too. And I’m not an industry troll, hiding behind a profile like you guys You can Google me and you’ll find I’m a real trucker. People like you narrow-minded Neanderthals give truckers a bad name.

  • Ray Garcia

    Yeah, you guys are on the cusp of realizing what the whole thing is all about regarding pres. Obama. He’s working in succession to all the past presidents since we dropped the bomb on Japan. Ever since then the United States started abusing its power and began controlling everything, (including our lives and how much money we

  • Ron Slicker

    So on Friday August 30th 2013 (beginning of Labor day weekend) at
    3pm all truckers should stop in their tracks, or if that’s to drastic
    them just slow down to a crawl for 3 hours, No matter where you are at.
    That would get the attention of those in power. If that doesn’t get
    their attention right away then do it again on Saturday and again on
    Sunday and Monday. If all fails then announce a time in 2 weeks to
    shutdown for 3 days. Multiple benefits here, first being a glut of fuel,
    Second being the general public will then be informed and demand
    change. I’m sure you can think of many more. This may be unrelated or
    not, but it seems funny that Warren Buffett buys up stock in all the
    railroads, then backs Obama’s “tax the rich” scheme and then all these
    regulations get enacted to limit truckers and what happens? Intermodel
    traffic skyrockets and Buffett’s stocks triple. Makes you wonder.

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  • Brad

    I’m sorry fellow truckers, but I’m glad I live and truck mostly in Canada. We can drive 13 hours and be on duty for 14, but we can split the time, or go off-duty for 2 hours and extend to a 16 hour day. We only have to take 8 consecutive hours off as long as we take 2 hours somewhere in the day as long as they are min. 30 minute blocks. Our HOS works. When I truck through the USA with your rules I am forced to drive tired to get in my miles in the 11 hour driving and the 14 hr window. All it takes is for some shipper to hold me up and I don’t have time to even take a crap. I have seen me with my head out the window trying to make it to my destination where in Canada I would just pull over somewhere and have a few hours sleep and then take off again (split berth). I know the USA before Oct 2005 you could split sleeper berth, but some idiot put a stop to that. Maybe your government should not be so arrogant and come to Canada and see how its done. The only problem we have is the new Canadians (the ones that can barely speak English) taking over the trucking industry.They are like your southern competition. Your country’s leadership have their heads up their asses. I wish you good truckers could come here and send our new Canadians down there to join in with the new southern truckers. Don’t get me wrong, I do like the USA, but their laws and rules are enough to make anyone want to quit driving. What happened to the USA being the greatest country in the world. Who in their right mind could say and believe that. What a brain washed statement by the US government; and many Americans believe this. Just look around and it’s easy to see. Sorry fellow truckers but I am saying this as a proud Canadian.We have our issues too but our trucking industry isn’t that bad. We do have a mind and a voice. All everyone has to do is shut down but most of you would rather cry and complain about it. That’s the American way I guess.

  • Re-tired of trucking

    You know, Government has been bragging about new revenues flooding congress and deficit is in decline, hmmm, now I know why…New regulations for fines and fees in their gestapo in DOT, EPA and other agencies are rolling in the bacon and or closing the doors on the businesses…..The “New America”, Obama’s America a place where people suffer “equally…Now that is “change”!….These new rules aren’t made for success, they are made to fail for a reason and we have seen only the beginning…..

  • jr023

    She previously was an Associate Justice of the California Supreme Court that says it all. if you notice the federal courts rarely rule against gov agencies overstepping there powers

  • jr023

    now the leftists want fast food workers to get $15 an hour and benefits
    so you guys should get $45 WITH THAT LOGIC YOU GUYS SHOULD GET $45.00 and benefits i bet many independent drivers do not clear that now and how mwny pay there own medical and the local oo delivering packages are not even making the 7,25 minimum now

  • Dave Nichols

    it is against the law to disturb a commercial driver when he is on a mandated rest break, sue the police who do this!

  • MILE HI MOOSE ! IN MEMORY OF:

    Ted Lapatka

    •in a few seconds•00

    +

    Definition of Circadian Rhythm: By Brandon Peters, M.D. Updated February 12, 2009: Ads:Melatonin for Sleep
    Hours of Sleep: What Is a Sleep Disorder: Sleep Disorders Insomnia

    Definition: The natural pattern of physiological and behavioral processes that are timed to a near 24-hour period. These processes include sleep-wake cycles, body temperature, blood pressure, and the release of hormones. This activity is controlled by the biological clock, which is located in the suprachiasmatic nuclei of the hypothalamus in human brains. It is highly influenced by natural dark-light cycles, but will persist under constant environmental conditions.
    There Endith The Lesson For Today! Send a Copy To Your :
    Congressmen and / or Congresswomen:
    Senators, Govenors. Mayors, The People @ A.T.A., O.O.I.D.A., Highway Patrol Captains, Police Stations, and Share it with each other.
    OH YEA: One more place, The Silly People, That Write Print, and Email Out These Columns and Magazines:
    GOD Bless UsAll, I Think We Are Gonna Need It !
    In Memory of: of ( BUTTERFINGERS )>>>
    Signed: MILE HI MOOSE ! A Legend In His Own Mind !!!!

  • Bonnie

    There is only one answer for the type of legislation that created the current hours of service -they are trying to bankrupt our country by making it impossible to make a living in this country. WHAT A DISGRACE
    Bonnie

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