ATA still assessing FMCSA litigation

The American Trucking Associations has yet to decide whether the Federal Motor Carrier Safety Administration’s moves to change its policies regarding hours-of-service supporting documents are sufficient. In January, ATA asked a federal appeals court to compel FMCSA to issue long-overdue regulations governing supporting documents, and the parties have been discussing a settlement for several months.

In a June 10 Federal Register notice, FMCSA issued a notice of regulatory guidance and policy change that eliminated several previously required supporting documents altogether and relieved carriers using qualified electronic mobile communications/tracking technology of the requirement to retain more than a dozen other types of documents. The agency said it still plans to launch a rulemaking this year to review supporting documents requirements and explore an expanded electronic onboard recorder mandate. Comments on the policy are due July 9.

Given that settlement talks were ongoing, the U.S. Court of Appeals for the District of Columbia Circuit in May held the court proceedings in abeyance and asked for monthly status reports, beginning June 28. In the June 28 report, ATA said it “is assessing the Regulatory Guidance to determine the extent, if any, to which it provides a framework for a mutually satisfactory resolution of this case.”