Hours rule under fire in federal court

| July 30, 2012

Trucking and safety groups filed arguments in federal court this month to overturn the current hours-of-service rule, but for different reasons.

The American Trucking Associations’ July 24 brief stated the Dec. 27 rule further restricted truckers’ ability to work and is an undue burden on drivers while yielding only minimal safety benefits. The Owner-Operator Independent Drivers Association, Truckload Carriers Association and National Industrial Transportation League filed as intrevenors in support of the ATA.

The U.S. Court of Appeals for the District of Columbia Circuit consolidated the association’s case with the lawsuit filed over hours-of-service by the Advocates for Highway and Auto Safety, Public Citizen and Truck Safety Coalition.

The court appointed a three-judge panel for the case, but a date for oral arguments has not been set. All briefs are due by Nov. 21.

The association asked the court to order the agency to vacate components of the restart provision. It wants removed the prohibition against using the restart provision more than once a week and the stipulation that restarts include two periods from 1 a.m. to 5 a.m. Also, the ATA wants those whose driving is limited to an 150-air mile radius not be subject to the rest break requirement.

It also argued against barring driving if more than eight hours have passed since the end of the driver’s last off-duty break of at least 30 minutes. It asserted that cost-benefit analysis conducted by FMCSA was a “sham,” yet still used to justify the restart restrictions and the off-duty break requirement.

The safety organizations want the court to order the FMCSA to vacate both the increase in the daily driving limit from 10 to 11 hours and permitting off-duty period of 34 hours to restart the weekly on-duty limits. The agency has not provided proof that these provisions provide sufficient safety, the groups stated.

The compliance deadline for the disputed provisions is next July, although some HOS provisions became effective last February.

  • ken

    tried of hereing about the hours of service, if it not broken don’t mess with it. How about stopping all the double dipping on all the brokers,steaing money from all the double brokering of loads,like to here about that for a change.

  • Lady Outlaw

    I totally agree with Ken…these brokers are breaking the drivers…they are making more money on the load than the truckers because they are lieing about what the load pays and screwing the drivers out of a lot of money and all they have invested is a couple bucks for office equipment and they make more on the load than the truck…Let’s make it manditory to print on the bill of laidings the pay for each load then they can’t steal our money…It would be nice if the Government would do something usefull for once, but I am not holding my breath.

  • DGreeley

    Pretty bad when the brokers make more then the gross on the truck. What happened to the 80/20 max plus 100% fuel?

  • Eugene

    I am sick of stupid companies who take these cheap loads. If all companies said no!!! to cheap freight everyone would benefit. As long as people will continue this reckless behavior, brokers will continue lowering the prices. So do yourself a favor. If you want to stay in bussines don’t work for free. But if you looking to run your company into the ground keep riding cheap boys and girls. Remember fuel, taxes, parts, and repair costs are getting more expensive.

  • Thomas Duncan

    Anyone who has been around for some time can tell these people that the more you narrow a working traveling mans ability to decide for himself when he needs to work,how long,or how many days,or when he needs to rest the more dangerous it is.wasted $$$$ on study and reports mean absolutely nothing.4 million miles no one hurt and never have been “compliant “because being “compliant “today means being dangerous!The more controls you push on us the more experienced safe drivers you run out of the business!And piss on the EPA!

  • sideways

    I’ve been out here for 34 years on my own not leased to any one and i’m still out here, No bodys telling you ,you have to take that load . The famous line you all give is I have bills to pay, so let me take a load i’m goin to lose money on. start dealing with a different broker.

  • bg

    my god, we need to get rid of some of these brokers ,they or pip offs,raise the fees to$ 2,000 000 and put some of them packing

  • Henry Frapp

    I’m done with it. I’ve been doing this since 1974, and I’m sick of it. I just sold my four tractors and I’m out of trucking. I have more than 3 million accident free miles, and the government regulators still treat me like I’m a criminal or a moron, and I’m neither. My experience counts for nothing and I’m fed up with the tinhorn despots trying to micromanage my business. To you who are sticking with trucking, I say- good luck. You’re going to need it. It’s only going to get worse.

  • http://www.facebook.com/gbailey82 Gerald Bryan Bailey

    I guess some politician just doesn’t want a truck driver to make any money, along with hampering transportation of goods that will drive up prices for the consumer. Let’ vote everyone out of office today!!!

  • PHIL

    HOS INDEED HAMPER DRIVERS AND AGAIN ONE SIZE DOES NOT FIT ALL. I PREFER SPLIT BREAKS LIKE THE 5/4 BECAUSE IT LETS YOU TAKE BREAKS THAT LET YOU TAKE ADVANTAGE OF TRAFFIC AROUND BUSY CITY AREAS PLUS IT LET ME FROM EVEN GETTING TIRED AS DO THE PRESENT HOURS OF SERVICE. THEY REALLY NEED TO LET DRIVERS DRIVE THE HOURS THAT THEY ARE COMFORTABLE WITH REDUCING STRESS AND FATIGUE . OLDER DRIVERS MAY NOT BE ABLE TO DRIVER THE SAME HOURS AS YOUNGER DRIVERS !! I CANNOT DRIVER THE SAME AS I DID 30 YEARS AGO AND THE NEW HOS ARE MORE DANGEROUS TO ME WHILE TRYING TO STAY SCHEDULE FOR ON TIME DELIVERIES

  • jesie james

    it time to get rid of all these jokers that have never been in a big truck out washington and put them on permenet retirement ask them if they will work driving for about 41 cents a mile i dont need some laws that force me to take a break on the la freeway during rush hour traffic and say i am in violation because ther is no where to park or try some truck stops in the middle of the night that are stacked and pack you cant stay on the fuel island for to long and the restart gee the way it is writen you now have to go 7 days with out a break 166 hours before a restart and i dont have valet parking a the golf course like they do can one of those washington idiots read or write was curruculum at those schools basket weaving

  • Marty Marsh

    LMAO,between Washington and these so called safety groups in the very near future a loaf of bread is going to cost 20 bucks.Also as far as ATA is concerned they have their own agenda,and it doesn’t match yours.

  • John Nicastro

    I would like to when as a driver I turn over all my rigth in the U,S any person can work 2 shift at work if it available or if he need money to paid his bill. OR made sure the one who sit home and wait for the check he can. Not me I can work my butt off but with someone telling be how long.That same person is also tell me he want more money for tolls permit fuel, and any other thing he want.Reg. Ins.,permit.and the list go on and on. With everyone in my pocket. Oh dont forget you need to stop after because you are out of hrs. But by the way we close all the rest stop. and most pepole would let you park. But don’t worry we have paper and it telll you how much you need to paid more.I got a ticket in Me. because I did;t have the last 7 days logs I was 20 miles from the house on a Sunday nigth,I told the p.d that My daugter clean the truck for.{which is something its self] $325. and 8 hrs. on the side of road . When is it goingto stop thinking we and this mean everyone of us O/o driver and the comany owner. When areyou goingto understand if the comany need to paid all this out guess who don’t get a raise all or anything else?

  • Marty Marsh

    HOS,has always been a joke,you can’t regulate rest,it’s just another money maker.