Appeals Court tosses DOT’s 11-hour rule and 34-hour restart

Discussion in 'Trucking Industry Regulations' started by Bunny, Jul 24, 2007.

  1. Bunny

    Bunny Bobtail Member

    Jul 18, 2007
    Easter Island
    Appeals Court tosses DOT’s 11-hour rule and 34-hour restart
    The U.S. Court of Appeals for the District of Columbia Circuit has issued a long-awaited opinion that may have a dramatic effect on federal hours-of-service rules for drivers of commercial motor vehicles. A three-judge panel granted a petition from the safety advocacy group Public Citizen and vacated portions of the hours-of-service rules issued by the Federal Motor Carrier Safety Administration (FMCSA) in August 2005. Specifically, the court tossed out the FMCSA’s increase in the daily driving limit from 10 to 11 hours, and the rule that allows an off-duty period of 34 hours to restart the weekly on-duty limits.
    The court agreed with Public Citizen that FMCSA failed to provide an opportunity for the public to comment on a statistical model the agency used to determine the risks associated with driver fatigue. The agency used the model as the basis for adopting the 11-hour rule and 34-hour restart. Public Citizen argued that the model failed to take into account the cumulative fatigue caused by increased weekly driving and working hours allowed by the 34-hour restart. Using the restart option, a driver can theoretically gain an extra 17 hours of driving time in a 7-day work week, but FMCSA failed to explain its reasoning for keeping the 34-hour restart in its 2005 rules, the court said.
    Under court rules of procedure, the FMCSA has 45 days to request a rehearing before any changes take effect. If the agency does not request such a hearing, the court will issue a final order within seven days after that. In the meantime, the existing hours-of-service rules remain in effect.
    OOIDA challenges
    In its decision, issued July 24, 2007, the court dismissed a related petition from the Owner-Operator Independent Drivers Association (OOIDA), which challenged the 14-hour rule and sleeper-berth provisions.
    The court disagreed with OOIDA’s arguments that:
    • The FMCSA failed to deal with loading and unloading issues;
    • The 14-hour on-duty limit is arbitrary and capricious because FMCSA failed to consider its negative effects on driver health and safety; and
    • The sleeper-berth provisions should not have been changed because the agency failed to provide an opportunity for the public to comment on the changes and failed to consider the effects of those changes.
    The court found that FMCSA satisfied Congress’ demands to “deal with” the problem of fatigue related to loading and unloading and the agency acted reasonably in adopting the 14-hour rule and changes to the sleeper-berth provision.
    The same court tossed out the FMCSA’s April 2003 hours-of-service rules after a successful challenge by a coalition of public safety groups led by Public Citizen, leading the agency to issue its amended rules in 2005.
    FMSCA responds
    The FMCSA made the following statement on July 24, 2007, in response to the ruling: “We are analyzing the decision issued today to understand the court’s findings as well as determine the agency’s next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations, and save lives. This decision does not go into effect until September 14, unless the court orders otherwise.”
  2. tjgosurf

    tjgosurf <strong>New Driver Helper</strong>

    Feb 20, 2006
    Whoah it seems there are three opposing sides in this. The bottom line what does this mean?
  3. mikroos5

    mikroos5 Medium Load Member

    Nov 16, 2006
    I think it means,here it comes no Vaseline no kiss good bye.Back to the drawing board.
  4. Fozzy in Oklahoma

    Fozzy in Oklahoma Light Load Member

    Jul 18, 2007
    Ardmore, Oklahoma
    It means that OOIDA should have left well enough alone!!! Trying to convince people that the 11th hour is somehow horrible and nasty did not mean that the whole new HOS would revert back to the old ones. It meant that they would have gone to the new HOS and the 10 and 14 rules that they originally got. Cutting off one's nose to spite their faces is a gift for trucking groups.
  5. heyns57

    heyns57 Road Train Member

    Dec 30, 2006
    near Kalamazoo Speedway
    It means there are no federal rules in effect, and we run according to state regulations (which mimic the fed rules anyway).
  6. curtislyn

    curtislyn Light Load Member

    Jul 16, 2007
    Montgomery, AL
    It means 10 hrs driving 10 hrs off, which is worse than what we had before...10 and 8
  7. curtislyn

    curtislyn Light Load Member

    Jul 16, 2007
    Montgomery, AL
    Complain to these people,

    Public Citizen has two offices in Washington, DC and state offices in Texas and California. Our six policy groups address a range of issues. Please look through the topics below to find the group that most closely matches your interests or questions.
    Main Office (Membership and Publications, Auto Safety, Health Research Group, Litigation Group, Communications)
    1600 20th Street, NW
    Washington, DC 20009
    (202) 588-1000
    Capitol Hill Office (Congress Watch, Energy Program, Global Trade Watch)
    215 Pennsylvania Avenue, SE
    Washington, DC 20003
    (202) 546-4996
  8. Baack

    Baack Road Train Member

    May 24, 2007
    This is just part of the process. The HOS still apply.
  9. LogsRus

    LogsRus <strong>"Log it Legal"</strong>

    Nov 23, 2006
    Indianapolis, Indiana
    The HOS are 11,14 & 70 with the 34 hour restart. There has been no changes of "Yet".

    What is happening is the "Court" has decided the FMCSA did not provide documentation on proving the Safety affects of the new HOS rules. Which now the court says they must not be safety affected.

    The split breaking was dismissed by the court as being proven has no impact on safety with the 11 & 14 hour. This will probably be proven for the drivers advantage later on in the future.

    The 11 hour rule will "possibly" change to a 10 hour rule; keeping the 14 hour rule. Who suffers?? The driver and company. Therfore ATA is planning on doing what they can to prove the 11th hour is not an issue.

    The 34 hour restart: Well they just want this to be gone. Maybe it might change to a 48 hour restart; who knows.

    What I do know is it will be anytime between now and 9-12 before we know what is next. As soon as I know, I will be sure to let you know.

    Now the bad part is on 9-12 you may wake up and here the HOS HAS been changed to a 10 hour and no restart. In this case, all you do is forget about the restart and run off the recap hours (1st of your last 7 days or hours available for the day) and you will now have only 10 hours in that 14 hour period. So be ready for the worst case scenerio! ATA is trying to at least keep the current HOS until they figure out final ruling!:biggrin_25523:

    I JUST WANT TO SCREAM!!!!!!!!!!!!!!!!!!!!!!!!!!
  10. Elusive

    Elusive Light Load Member

    Jan 22, 2007
    "logsrus", thank you for the explanation. Have fun at work today :biggrin_25522:
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