Groups want hours of service case dismissed

Jill Dunn | January 24, 2012

Both sides in the lawsuit that resulted in last month’s hours-of-service rule have asked a federal court to dismiss the case.

The Washington, D.C., appellate court had asked both parties on Dec. 7 to file motions to govern further court proceedings. They were given until Jan. 23, when the Advocates for Highway and Auto Safety, Teamsters union, Public Citizen, Truck Safety Coalition and the Federal Motor Carrier Safety Administration filed a joint motion requesting voluntary dismissal of the case.

The court, per the parties’ 2009 settlement agreement, is holding the case in abeyance while the agency undertook a new HOS rulemaking to replace the 2008 HOS rule that prompted the lawsuit.

The FMCSA’s Dec. 22 rule “supersedes the rule at issue in this case,” the Jan. 23 motion states. “Because the rule challenged in the petition no longer exists, the parties agree that the case should be dismissed.”

The motion notes both sides agree to be responsible for their own litigation costs.

The 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 petitioners sued, the Owner-Operator Independent Drivers Association, the American Trucking Associations and four other transportation and business groups filed with the defense as intervenors, or those who voluntarily enter a lawsuit because of a personal stake. The Union of Concerned Scientists and four other policy groups filed friend of court briefs for the petitioners.

The same court overturned a 2003 hours rule, issued in 2004, and a 2005 rule, issued in 2007.

  • John S

    The problem with HOS rules is not the rules but the conditions those rules apply too. Over the road trucking has changed over the years but not really for the better. Long delays at shippers and receivers play more of a role in fatigue then violations of HOS rules. Or the affect changes have on safety. Until we deal with that 500 lb gorilla in the room which is inefficient non driving, non productive hours. we will not solve many of the issues. Just imagine if drivers received pay for waiting at customers? Many compliance issues with logging would go away.

  • McClure Trucking

    As usual the ones that know the least make the rules . one rule fits all ,They think

  • JOHN STRICKLAND

    JUST LET ME WORK AND OPERATE MY BUSINESS ON AND OFF DUTY ONLY

  • Josef Losert

    Let us get compensated for waiting time at shippers and receivers.

  • don tobin

    These rules are not rules that will work in the trucking business and these truck hating groups do not have any standing as far as I am concerned. We need more flexabilty we need to get rid of this worthless. 14 hour rule and get our sleeper back. Anything less won’t work this is not and 8 to 5 business

  • James E Jones

    after 41 years im giving it up to the new breed of road warriors

  • L S Caldwell Trucking

    They Still failed to see the problem. With 14 hour window combined with no split sleeper birth we are boxed in and are forced to drive in conditions that are unsafe ( bad wether, rush hours, and so on) part of being a professional is not puting yourself in a dangerous position but running legal now forces us into those positions of extra risk.

  • Reliable Trucking

    Very simple, a mandatory pay to stay policy. Within 1 hour of arrival customer must have truck loaded/unloaded or pay per hour an amount that will pay the wage and truck costs. Then there is no problems waiting because you and the truck are getting paid. National carriers are the only ones that can fix this.

  • Gordon A

    Lets go back to the 10 hr day. Keep the 34 restart and allow us to split the sleeper berth without penalty. Simple, easy and profitable.
    We do not need any more confusing rules that have no basis nor benefit to anyone.
    The current rules are designed to reap revenue from more possible mistakes on logging. Think of the money and man hours to re format logging programs and the tickets now that will be writing by unknowing officers.
    It is time for truckers to take a stand.
    Contact your legislators and tell them how you feel and why. Be sure to tell them you vote and your vote can go either way.

  • Gordon A

    Charging the shippers and receivers a hourly fee for being at the dock more then an hour is not the answer. they could in retaliation charge a dock fee or lumper fee or any other fee to off set it. No matter the fee, you will not get it as the company will take most if not all.
    Being able to split the sleeper berth is the best as one could get some rest or at least log it while at a dock .
    This is not a job just anyone can do. Professionals make it look easy ad by doing so everyone thinks they an be a truck driver. In the last 20 years it has become the gathering place for misfits and pride less people to congregate in and we are all suffering the results for it. Until we prove to the legislators that we vote, are Fathers, Mothers and Uncles and Aunts and tax payers they will not listen to us and will continue to consider us non revocable second class citizens.

  • http://disotellj@yahoo.com Jerry Disotell

    The way I see it: if all the Owner Operators in the United States would join together and turn off the ignition for about a week, we could drop this country to it’s Knees. I don’t think we would need any company drivers but surely it would help. After a week of this I think a driver could do just about anything that he or she wanted to do and the law wouldn’t be an issue. Just Saying.

  • Blackdog Trucking

    Vote Ron Paul. That will go far towards defunding these unnecessary bureaucratic agencies. While some rules would be a good thing in a perfect world, the government has gone overboard. So now we must find ways to organize (not unions) as a group of professionals to sue for removal of ALL log book requierments. We are big boys and girls. We don’t need big brother to tell us it’s naptime. Stop the insanity.

  • john deninger

    hey, just shut down the tankers for three days and watch what happens.

  • RJ Carroll

    Be careful what you wish for when it comes to shippers and receivers. You have an appoinment to be there and if you are late they will turn around and start charging a fee for that. Some late delivery’s can not be helped and seldom is there a charge for that. Detention needs to be addressed threw the carrier or broker and that needs to be up front before the load is loaded. Driver’s need to have this known before they accept a job with a carrier, then there is no room for complaining.