ATA takes agency to court over hours-of-service rule

By Jill Dunn on

A federal appeals court will hear the American Trucking Associations’ case against the hours-of-service rule March 15.

The ATA and the Federal Motor Carrier Safety Administration will present oral arguments before a three-judge panel for the District of Columbia circuit that day.  Last December, the FMCSA issued a final HOS rule to restrict the restart provision beginning this July. The rule also implemented changes last February regarding on-duty time, penalties and the oilfield exemption.

The ATA stated the agency misunderstood the science it used to justify mandatory 30-minute break be completely off-duty and inadequately informed the public of its decision to apply that rest break to short-haul delivery drivers.

The court has not set oral argument time limits yet, but Public Citizen and safety groups also will present their case against the HOS rule March 15. It consolidated ATA’s case with litigation filed by these organizations, which sued for the final rule to include greater limits on driver working hours.

Intervenors on behalf of the ATA include the Owner-Operator Independent Drivers Association, National Industrial Transportation League and the Truckload Carriers Association.  The Intermodal Association of North America and the National Private Truck Council are among the groups that filed amicus curiae in support of the ATA.

Interveners voluntarily enter a case because of a personal stake in it. Amicus curiae or “friend of the court” are parties who file briefs in the case because of a strong interest, but are not parties to the lawsuit.

14 comments
Flatbeds
Flatbeds

The hours and changes I worry could yes in fact force drivers to get out there when they are exhausted and cannot risk losing anymore time.  As for companies they are also biting the bullet.   Sadly they are having to figure out how to do the freight and stay in a range of operation.   But the drivers are risking losing wages because of decreased mileage potential.  I am not sure what it is going to take, and yes when people talk strike I wish they were around in the 80's not a pretty time to be blunt.  If trucking stops it would get a message across but how would you ever be able to accomplish that.   That is in fact a bigger quandry than what methods the DOT are using.   Tint on windshields even if perforrated are a hot topic in KS also.

Jammer
Jammer

SYDEWYNDER,I started driving before daylight and got pulled over in Tex. because of my tinted window's and he did a level in insp. on me. I had one marker light out on my truck,it worked when I turned it on in the morn. but non the less I got a warning for the light and the window's. Points on my CSA.BS!!! It wouldn't. It wouldn't take a month to get the point across but the problem with that is JB,Swift,Schnider,Etc... would just keep on going cause they are in the Gov. pocket. This Goverment is nothing but a Gloified Mafia Org.My feelings is the Gov. wants to kill the trucking Industry here in the U.S. Lower our wages,take away hrs,impose rule after rule.Right to work ring a bell? Illinois is thinking about giving illegal's CDL drivers license's. REALLY!!! Here we go. Us REAL Americans are going to be pushed out of our job's cause there are steering wheel holders willing to work for nothing. I'm jus saying!!!!!!!! FED-UP

 

 

 

 

 

SYDEWYNDER
SYDEWYNDER

WHEN ARE WE GOING TO HAVE SOMEONE IN THE FED DOT THAT WORK,DROVE IN THE TRUCKING INDUSTRY. DO WE NEED TO SHUT DOWN FOR A MONTH BEFORE THEN LISTEN TO THE DRIVER THAT ARE REQUIRE TO PUT UP THIS STUPID RULES THAT VIOLATE OUR CONSTITUTIONAL RIGHT OF FREEDOM OF CHOICE AND SELF DETERMINATION OR BENG A TRUCK DRIVER , AS I HAVE BEEN TOLD BY MANY LAW ENFORCEMENT PEOPLE ,THAT AS A TRUCK DRIVER WE DON'T HAVE ANY RIGHTS .

SYDEWYNDER
SYDEWYNDER

CSA RULE ARE WAY OUT, NOT REASONABLE AT ALL TO GET POINTS FOR A LIGHT BULB THAT BURNS OUT AFTER YOU DID A PRETRIP. DO YOU HAVE TO TAKE A PICTURE WITH A CAMERA WITH A TIME STAMP TO PROVE THAT ALL ITEMS WERE GOOD AT TIME YOU DID YOUR PRETRIP. SOMETHING HAVE JUST GOTTEN OUT OF HAND, WHAT HAPPEN TO WHAT USE TO BE 7 DAYS TO REPAIR MINOR DEFECTS THAT DID NOT AFFECT SAF OPERATION

Unappreciated Driver
Unappreciated Driver

Why don't anybody talk about the companies and how they pay drivers. It seems the only people who do not benifit from all these driving regulations are drivers, which is paid by the miles he or she drives. Drivers sacrifice so much to do a job that keeps this country moving and no cares because we are in a profession that does not require a colledge education. Once in my lifetime I would like too see Owner/Operators and company drivers unite for a better pay and a better way of life. 

 

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mrtmrsh
mrtmrsh

I would love to know how these people come up with this stuff. Do they go by their day, well I better take a break now. Only 2 types of people would try to regulate rest, they would either be stupid or controlling and we know there is no money in stupid.

TruckerJohn
TruckerJohn

The Midnight to 5am in bed requirement during the reset should be addressed as well. No one seems to have taken into account that some driving jobs are on a night shift. That requirement will throw off a drivers body clock & potentially compromise safety.

travelinromantic
travelinromantic

The FNCSA does not exist in the real world. I think they have their heads up their b----s.

Jammer
Jammer

A prime example of the FMCSA twisting studies around to apees these Public Citizens and saftey groups that won't adress the WHOLE problem as to the REAL safty issue's out here on the road.

mrtmrsh
mrtmrsh

 @Unappreciated Driver

 I talk about them almost daily, I'm tired of being controlled not only by bosses but by government that is nothing but thieves with there hand out all the time.Between England , CRST and the ATA I don't know who is more responsible for holding drivers wages down, and my guess is you can thank all 3. Of course I didn't mention your company because I don't know who you drive for.

martym5@hotmail.com

RickGaskill
RickGaskill

 People don't realize the real intent of the 1 a.m. to 5 a.m.  breaks . The FMCSA doesn't expect carriers to be able to work it into restart schedules . They expect it to force carriers to reduce drivers' hours so they don't need a restart . 

@TruckerJohn It's FMCSA's way of eliminating the restart for the Teamsters that contributed milions to Democratic campaigns . 

SYDEWYNDER
SYDEWYNDER

 @TruckerJohn ABSOLUTL AGREE NIGHT TIME DRIVE IS THE BEST TME TO DRIVE BECAUSE THERE LESS GENERAL TRAFFIC TO INTERFER WITH OUR TIGHT SCHEDULES

mrtmrsh
mrtmrsh

 @Jammer

 Your so right, one time I informed P.A.T.T that the company I was working for was giving me a hard time for stopping and taking a nap. I suggested that they give them a call to see what their problem was and the lady at P.A.T.T tells me, oh we don't do that. No one wants to enforce the laws we have but they are always looking to make new ones, ones with more of a financial bite.



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