FMCSA asks for six-month stay on HOS decision.

WASHINGTON, (Aug. 31, 2004) — The Federal Motor Carrier Safety Administration (FMCSA) has asked for a stay of at least six months on the decision that would quash the new U.S. HOS regulations. In a motion filed with the DC Circuit Court of Appeals, FMCSA asked for a stay to determine what steps could be taken to amend or replace the rule vacated by the court.

Were the stay to be granted, the present HOS rules would remain in effect until a solution has been arrived at.

In a similar motion, the American Trucking Associations (ATA) also asked the court for a stay of the order to vacate the new rule, suggesting that highway safety would be compromised by an abrupt return to the old rules.

“The trucking industry, shippers and the law enforcement community simply cannot convert from one HOS regime to another without a lengthy transition period. A judicially imposed immediate conversion to the former HOS rules would cause rampant confusion and severe dislocation for these stakeholders,” ATA said in its brief.

The DC Circuit Court struck down the U.S. HOS rule in a unanimous decision on July 16, giving stakeholders 45 days to respond to the action.