Groups seek overturn of hours rule

Consumer, safety and labor groups have petitioned a federal court for permission to pursue a third round of litigation to overturn the hours of service rule.

On Aug. 27, the Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the Teamsters sought review of the rule in the U.S. Court of Appeals for the District of Columbia. Court officials had yet to schedule oral arguments.

The organizations asked the court to vacate and remand the rule made effective in January by the Federal Motor Carrier Safety Administration. FMCSA had adopted as final 2007 provisions of the HOS interim final rule. The groups charge the agency failed to consider the health consequences of letting truckers work more hours.

In 2007 and in 2004, the same court overturned previous HOS decisions in favor of the petitioners. The FMCSA had no comment.

The Union of Concerned Scientists and the Society for Occupational and Environmental Health are among the organizations supporting the petitioners as a friend of the court.

The Owner-Operator Independent Drivers Association, the American Trucking Associations, the U.S. Chamber of Commerce and the National Industrial Transportation League are among those who have intervened for the defendant.