ATA to challenge court ruling on HOS

ARLINGTON, Va. — The American Trucking Associations hopes it will get a stay from the United States Court of Appeals for the District of Columbia to keep the current rules governing truck drivers’ work and rest periods in place.

The ATA insists the 11-hour daily driving time limit and the 34-hour restart provisions should be followed until the Federal Motor Carrier Safety Administration provides the court with explanations for two of the rules provisions.

Yesterday, the U.S. Court of Appeals struck down both those provisions at the behest of public interest group Public Citizen because the FMCSA ” “failed to give interested parties an opportunity to comment on the methodology of the crash-risk model … used to justify an increase in the maximum number of daily and weekly hours that truck drivers may drive and work.”

The ATA says the flaws in the HOS pointed out by the
court are procedural in nature and can be corrected.

At the same time, the court dismissed a suit by Owner-Operator Independent Drivers Association, which wanted the government’s revised split sleeper berth provision tossed out as well.

The court’s decision will not take affect for at least 52 days. But before then, the ATA plans to file a motion with the court asking it to stay the effective date of its decision while FMCSA is reconsidering the ruling. ATA will provide support to FMCSA for re-adoption of the 11-hour daily drive time and 34-hour restart.

From the trucking industry’s standpoint, the good news in the decision is that the flaws that the Court found were procedural in nature and can be corrected by the agency, ATA stated.

“ATA believes the existing rules have proven to be a significant improvement over the old rules in terms of reducing driver fatigue and related incidents,” said ATA President and CEO Bill Graves. “Motor carrier experience and FMCSA data dramatically illustrate this. ATA plans to provide additional real-world documentation of the effectiveness of the current rules.”

ATA says the current regulation promotes a regular work-rest cycle for truck drivers and a schedule that is closer to a 24-hour circadian rhythm.

“The 11th hour of driving time safely provides flexibility for trucking operations without increasing driver fatigue. The 34- hour restart gives drivers much greater flexibility to manage their time, relieving stress and allowing more time at home,” says the ATA.

ATA also continues to believe that the rules should provide greater flexibility for both solo and team drivers who utilize sleeper berths. The group is collecting data that show the agency that greater flexibility to select sleep times and duration based on individual need maximizes driver sleep opportunities and ensures better alertness and safety on the nation’s highways.