The U.S. Circuit Court of Appeals for the District of Columbia may have to review the new Hours of Service regulations after the American Trucking Association filed a petition on Tuesday (February 14th, 2012). The ATA is asking the court to take another look at the recently published final ruling which changed hours of service regulations for truck drivers.
“We regret that FMCSA and the Obama administration have put ATA and its member companies in a position to take this legal action,” says Bill Graves, the ATA President and CEO. “The rules that have been in place since 2004 have contributed to unprecedented improvement in highway safety. The law is clear about what steps FMCSA must undertake to change the rules and we cannot allow this rulemaking, which was fueled by changed assumptions and analyses that do not meet the required legal standards, to remain unchallenged.”
Last week, a Washington, D.C. appellate court dismissed a suit seeking changes in the current HOS rules from the defendant FMCSA and the plaintiffs – the Advocates for Highway and Auto Safety, Teamsters union, Public Citizen and the Truck Safety Coalition. After the agency was sued, the Owner-Operator Independent Drivers Association, the American Trucking Associations and four other transportation and business groups filed as intervenors for the FMCSA.
ATA said it will support FMCSA’s move toward mandated electronic onboard recorders to ensure greater compliance with the current HOS rules, and to facilitate better enforcement of those rules.