By TruckingInfo Staff
The court battle over the hours-of-service rule gets under way in July, according to a schedule posted last week by the appeals court.
The U.S. Court of Appeals for the District of Columbia Circuit has consolidated lawsuits by a number of trucking groups that believe the rule is too restrictive, and by several safety advocacy groups that believe the rule is too liberal.
Briefs are due starting July 24. Reply briefs are due October 24, and final briefs are due November 21. The date for oral arguments is not yet set.
American Trucking Associations last February asked the court to set aside the rule as arbitrary and capricious. It said the agency overstated the safety benefits of the new rule and that the costs outweigh the claimed benefits.
Specifically, ATA objects to the restart provision, which requires two rest breaks between 1 a.m. and 5 a.m. with 34 hours and which limits the use of the restart to once every 168 hours. The association also objects to 30-minute rest-break requirement.
The Owner Operator Independent Drivers Association and the Truckload Carriers Association intervened in the case in support of ATA.
The safety advocacy groups, including Public Citizen and Advocates for Highway and Auto Safety, charge that the rule falls short by not cutting the daily driving limit from 11 to 10 hours. They also object to the restart provision, which they say promotes cumulative fatigue.
Related Stories:
1/30/2012 Hours of Service: Did FMCSA Find a Sweet Spot?
2/15/2012 ATA Suing to Overturn Hours of Service Rule
2/27/2012 Safety Groups Go to Court Over New HOS Rule
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Government: Related News
6/19/2012 – HOS Court Battle Starts Next Month
The court battle over the hours-of-service rule gets under way in July, according to a schedule posted last week by the appeals court.
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5/16/2012 – ND DOT Adopts Federal Guidelines for Former Military Drivers
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4/20/2012 – FMCSA Proposes Guidance for Sleep Apnea
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4/20/2012 – Employee Misclassification Report No Good, Says New York State Motor Truck Association
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4/19/2012 – House Passes Another Highway Bill Extension, Heads to Conference Committee
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4/17/2012 – Canada Aligns GHG Emissions Regs with U.S.
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4/17/2012 – N.J. Owner-Operators Need IRS Determination for Non-Employee Status
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4/16/2012 – California Court Says Employers Must Offer 30-Minute Meal Breaks
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4/13/2012 – Truck Dealer of the Year Nominee Educates Nebraska Rep. on Natural Gas
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4/13/2012 – FMCSA Wants to Study Overweight Trucks’ Connection to Safety
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4/13/2012 – Study Finds Few Effects from Diesel Exhaust from EPA-07 Engines
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4/10/2012 – FMCSA Shuts Down JA Transportation
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4/9/2012 – New Rule for Medical Examiners Nearing Publication
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The rule was cleared last week by the White House Office of Management and Budget, the last stage before publication in the Federal Register….
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4/5/2012 – Three Oregon Ports of Entry to Switch to Phone-based Services
The Oregon Motor Carrier Transportation Division is closing its registration offices at three ports of entry and replacing over-the-counter services with phones and fax machines truck drivers can use for registration and over-dimension permit services….
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3/30/2012 – Nasstrac Joins HOS Legal Battle
Nasstrac, the National Shippers Strategic Transportation Council, has joined in the legal efforts to challenge a lawsuit regarding reduced daily driving hours for truckers, reports the Journal of Commerce….
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3/30/2012 – No Highway Bill, So Congress Extends Program for 90 Days
Congress yesterday passed a 90-day extension of the federal highway program, the ninth extension since the program formally expired in October 2009….
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3/28/2012 – CSA Changes Available for Review
The Federal Motor Carrier Safety Administration is previewing a half-dozen important changes it plans to make in the CSA safety enforcement system.
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3/27/2012 – FMCSA Urged to Step Up Effort Against Reincarnated Carriers
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3/26/2012 – FMCSA Officials Get Input on EOBRs at Mid-America Trucking Show
LOUISVILLE, KY — Officials with the Federal Motor Carrier Safety Administration got an earful Friday about a number of issues relating to hours of service, electronic onboard recorders, and how trucking companies use EOBRs and other in-cab technologies to harass drivers….
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3/22/2012 – House Will Push Highway Extension
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3/22/2012 – Cummins to Have 2014-compliant Engines in Service by 2013
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3/21/2012 – ATA: Common Sense Must Govern CSA Crash Accountability Decisions
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3/16/2012 – ATA, TCA File Issue Statements with Court in HOS Challenge
The American Trucking Associations and the Truckload Carriers Association each filed motions to intervene with the U.S. Circuit Court of Appeals for the District of Columbia in litigation challenging the Federal Motor Carrier Safety Administration’s recently published hours-of-service regulations….
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3/15/2012 – Dealer Plans to Participate in New Wisconsin Job-Training Program
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3/15/2012 – Senate Passes Highway Bill, 74-22
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All of the Senate’s Democrats and half of its Republicans voted for the bill….
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3/14/2012 – Senate Close to Passing Highway Bill
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3/12/2012 – FMCSA Stops Plan to Determine Accountability in CSA Crash Data
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3/9/2012 – House May Default to Senate’s Highway Bill
House Speaker John Boehner (R-Ohio) yesterday gave the clearest indication yet that Congress will go with a short-term highway bill like the one the Senate is close to passing.
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3/9/2012 – ATD Study: EPA Grossly Underestimated Emissions Systems Costs
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3/8/2012 – Obama Visits DTNA Truck Plant, Addresses Energy Issues
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3/8/2012 – Volvo Trucks First U.S. Manufacturer to Achieve Dual Energy Certifications
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3/7/2012 – Obama to Visit North Carolina Daimler Trucks Plant
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3/2/2012 – New Jersey Bill Would Make Owner-Operators Employees
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3/2/2012 – Movement but Not Much Progress on Highway Bill
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2/29/2012 – ATA Files Brief in Support of FMCSA on EOBR Challenge
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2/27/2012 – New York Motor Truck Says ‘Fair Play Act’ Anything But
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2/27/2012 – Safety Groups Go to Court Over New HOS Rule
The federal rule for truck driver hours of service still fails to make needed improvements regarding tired truckers…
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2/24/2012 – ATA Seeks Change in New Tank Vehicle Definition
American Trucking Associations says the Federal Motor Carrier Safety Administration’s new definition of a “tank vehicle” is too expansive and needs to be changed….
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2/23/2012 – EOBR Listening Session Set for Mid-America Trucking Show
The Federal Motor Carrier Safety Administration will host a listening session at the Mid-America Trucking Show on how electronic onboard recorders might be used to harass drivers. The session, scheduled for 10 a.m. March 23 at the show site in Louisville, Ky., is part of the agency’s revised approach to writing a new EOBR rule….
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2/23/2012 – New Definition of Tank Vehicle Will Affect CDL Endorsement Requirement
A change in the official definition of a “tank vehicle” has led to confusion about who needs a tank truck endorsement on a commercial driver’s license….
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2/17/2012 – DOT Proposes ‘Distraction’ Guidelines for Automakers
The U.S. Department of Transportation announced the first-ever federally proposed guidelines to encourage automobile manufacturers to limit the distraction risk for in-vehicle electronic devices….
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2/17/2012 – EPA Challenges Navistar Engine Claims
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2/16/2012 – Truckstops Fight Amendment in Highway Bill
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2/15/2012 – Nearly 70 Transportation Associations Sign Letter Opposing Tolls
Sixty-eight transportation associations signed a letter to the Senate opposing the use of tolls on the U.S. Interstate Highway System in the Senate’s version of the Surface Transportation Bill (S. 1813)….
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2/15/2012 – Highway Bills Face Uphill Climb in Congress
The Senate and House are taking their highway bills to the floor this week in the face of daunting odds. Passage of this key infrastructure legislation, which sets policy and funding levels, is going to be a near thing at best, given the politics of the bills and considering the March 31 deadline. …
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2/15/2012 – ATA Suing to Overturn Hours of Service Rule
American Trucking Associations is suing to overturn the new hours of service rule. ATA is asking the U.S. Circuit Court of Appeals for the District of Columbia to set aside the Federal Motor Carrier Safety Administration rule as arbitrary and capricious….
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2/14/2012 – FMCSA Plans a Third Proposal to Answer EOBR Questions
The Federal Motor Carrier Safety Administration decided to take a step back from its pending electronic onboard recorder rules and begin a supplemental process to resolve legal and technical problems….
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2/14/2012 – Obama’s 2013 Budget Calls for Major Transportation Funding
The White House budget for the fiscal 2013 includes a $476 billion surface transportation reauthorization bill to invest in highway, bridge and mass transit projects through 2018….
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2/13/2012 – New York DMV to Waive Road Tests for Veterans Applying for CDLs
As part of his “Experience Counts” campaign to help returning veterans get jobs in New York State, Gov. Andrew M. Cuomo implemented two initiatives, one of which waives commercial driver’s license road tests for veterans with qualifying driving experience….
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2/9/2012 – Senate Committee Clears Highway Funding Measure
The Senate Finance Committee Tuesday evening passed a bill to provide funding for a two-year highway program.
The measure is a $9.6 billion bundle of transfers and revenue offsets that no one on the committee particularly liked as a solution to the highway funding shortfall but a majority accepted because failure to act would doom the highway bill….
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2/7/2012 – Senate to Vote on Highway Funding Proposal
Today the Senate Finance Committee is scheduled to vote on revenue provisions to supplement the Highway Trust Fund and pay for the Senate’s proposed highway bill.
Passage of the measure will put in place a key provision for the Senate’s plan to reauthorize the federal highway program with a $109 billion, two-year bill. The House, meanwhile, is working on a $260 billion, five-year bill. …
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2/6/2012 – House Highway Bill Clears Committee on Party-Line Vote
The House Transportation and Infrastructure Committee did its job last week, reporting out a bill that would reauthorize the federal transportation program for five years at current funding levels. It was a squeaker, though, and the outlook for Congress finishing the job before the current program expires on March 31 is not rosy….
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2/3/2012 – House Panel Kills Truck Weight Increase
An increase in federal truck size and weight limits did not survive a House committee vote yesterday. Members of the Transportation and Infrastructure Committee voted 33 to 22
to study the increased limit, rather than actually increasing it….
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2/2/2012 – House Highway Bill Challenges Hours of Service Restart Provision
In the House highway bill unveiled yesterday, Rep. John Mica, R-Fla., finally revealed what he meant when he said he will challenge the new hours of service rule. The bill could force the Federal Motor Carrier Safety Administration to rewrite the 34-hour restart provision of the rule, which limits the restart to once a week with two sleep periods from 1 a.m. to 5 a.m….
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2/1/2012 – House Highway Bill Would Allow Heavier Trucks
The House of Representatives yesterday unveiled its version of a new highway program that would spend $260 billion over five years. The bill trims the Department of Transportation by consolidating or eliminating programs, gives states a greater say in how they spend federal money and speeds up the project approval process….
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1/31/2012 – EPA Sets Penalties for Emissions Non-Compliance
Navistar Inc. may have to pay penalties of up to $1,900 per engine if it cannot meet heavy diesel emission standards, according to a new Environmental Protection Agency rule….
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1/30/2012 – Hours of Service: Did FMCSA Find a Sweet Spot?
Almost no one is happy about the new hours of service rule. Maybe that means the Federal Motor Carrier Safety Administration made the moves that will lead to stability, at long last.
Or maybe not….
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1/30/2012 – BTS Releases Interactive State Transportation Facts and Figures
The Department of Transportation’s Bureau of Transportation Statistics released State Transportation Facts and Figures, an interactive web transportation mapping application that allows customers to find and download state-by-state transportation data, comparisons and rankings….
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1/26/2012 – Carriers Responding to New Health Care Costs
More than 80% of carriers report that recent health care changes will adversely affect them, according to the recent fourth quarter national Business Expectations Survey by Transport Capital Partners….
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1/26/2012 – FMCSA Clarifies Push-to-Talk Guidance
FMCSA released updated FAQs on its new handheld mobile telephone ban to clarify that the use of the push-to-talk function on mobile phones is permitted, under certain limited conditions….
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1/26/2012 – House Readies Highway Bill
House Republicans will introduce a highway bill next week, said Rep. John Mica, R-Fla., chairman of the Transportation and Infrastructure Committee. Mica’s announcement followed President Obama’s call in his State of the Union address for funding the highway program with money not spent on the wars in Iraq and Afghanistan….
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1/23/2012 – Judge Rejects Navistar Bid for SCR Engine Recall
A federal judge rejected Navistar’s bid to have the Environmental Protection Agency recall 2010 engines that use selective catalytic reduction to meet emission standards.
The judge, Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia, said Navistar’s arguments for the recall are not persuasive and dismissed the case….
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1/19/2012 – Measure Would Allow Truckers to Go 75 mph in Idaho
A senator in northern Idaho wants to allow truckers to drive 75 mph in the state. The current speed limit for semis in Idaho is 65 mph while cars are allowed to drive 75 mph….
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1/19/2012 – Booz Allen: America Needs to ‘Reimagine’ Infrastructure
As the nation prepares for Obama’s 2012 State of the Union address, Booz Allen Hamilton, a strategy and technology consulting firm, outlined items it says should be included in any discussion about the country’s aging infrastructure….
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1/19/2012 – Obama Rejects Keystone XL Pipeline Proposal
President Obama announced that his administration is rejecting the controversial proposal for the Keystone XL oil sands pipeline, which would have transported 700,000 barrels of oil daily from Canada, Montana and the Dakotas to U.S. refineries in Houston….
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1/18/2012 – CSA BASIC Fact Sheets Available on the Web
The Compliance, Safety, Accountability(CSA) program released a new Behavior Analysis and Safety Improvement Category (BASIC) fact sheet series on its website….
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1/18/2012 – ATRI Updates Online Idling Regulations Compendium
The American Transportation Research Institute has updated the list of idling regulations, both state and local, on its website, atri-online.org….
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1/16/2012 – Minnesota Governor Addresses Infrastructure Problems With New Task Force
The day after announcing a $775 million jobs plan for Minnesota, Gov. Mark Dayton announced plans to establish the Commissioner’s Transportation Finance Advisory Group, a task force that will be responsible for recommending new ways to finance a better state infrastructure….
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1/16/2012 – NC Opens More Roads to Doubles
The North Carolina Department of Transportation will now allow the operation of double-trailer combinations on several freeway routes in the eastern part of the state plus the Triangle area….
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1/12/2012 – TRALA-Supported Virginia Legislation Addresses Motor Vehicle Rental Tax
Delegate James Massie (R-Henrico) has introduced Virginia legislation, sponsored by the Truck Renting and Leasing Association, that would limit the types of revenue taxed under the commonwealth’s 10% motor vehicle rental tax….
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1/11/2012 – New Jersey Assemblyman Alex DeCroce dies at 75
New Jersey Assembly Majority Leader Alex DeCroce, 75, died suddenly late Monday night at the Statehouse, just after the 214th Legislature held its final voting session….
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1/9/2012 – FMCSA Reminds Carriers to Update VMT, Power Unit Data
The Federal Motor Carrier Safety Administration is reminding commercial motor carriers they they need to update their Vehicle Miles Travelled (VMT) and Power Unit (PU) data on their Motor Carrier Registration form, known as the MCS-150….
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1/6/2012 – NY Crossover Mirror Law Effective Friday, Jan. 13
A New York law requiring trucks to have crossover mirrors will go into effect next Friday, Jan. 13….
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1/6/2012 – In State of the State, Cuomo Reveals Plans to Better NY Roads and Bridges
In Gov. Cuomo’s state of the state address yesterday, he introduced a plan for the New York Works Fund and Task Force, an entity that would make all the funding decisions for roads, bridges, parks, flood control and municipal water systems….
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1/3/2012 – Former FMCSA Supervisor Jailed for Accepting Bribes
A DOT official in New York State was sentenced Thursday to 18 months in prison after pleading guilty to felony bribe-taking….
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1/3/2012 – Cell Phone Restrictions Now in Effect
Interstate truck and bus drivers are prohibited from using handheld cell phones while driving as of today, Jan. 3, under a final rule posted by the Federal Motor Carrier Safety Administration and the Pipeline and Hazardous Materials Safety Administration….
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12/29/2011 – Poll Finds Tolls More Popular Than Higher Fuel Taxes
In a Reason-Rupe poll of 1,200 adults, 58% of respondents said they would rather pay tolls if and when they use a particular lane or highway, rather than paying higher fuel taxes….
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12/28/2011 – New HOS Rule Will Cause Delays for Manufacturers and Cost the Economy
National Association of Manufacturers has come out against trucking’s new hours-of-service rule, saying the rule will have a negative impact on manufacturers’ supply chains, distribution operations and productivity….
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12/28/2011 – Motorcoach Drivers May be Next to Get New HOS Rules
First, airline pilots were handed a new set of HOS rules. Then trucking got new marching orders from FMCSA. Bus drivers may be next. FMCSA has published a public listening session notice for motorcoach HOS….
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12/27/2011 – California Reminds Truck Owners of Jan. 1 Clean Air Deadline
The California Air Resources Board is reminding owners of heavier diesel trucks and buses that new emission reducing regulations go into effect Jan. 1, 2012, and many businesses may need to report compliance online….
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12/23/2011 – New Hours Rule Likely Headed Back to Court
There’s a good chance the Federal Motor Carrier Safety Administration’s new hours of service rule is going back to court.
Just hours after the new rule was released, Advocates for Highway and Auto Safety indicated that it may resume its challenge of the 11-hour limit on driving….
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12/22/2011 – Clean Ports Bill Introduced in Senate
A bill that would give ports more authority over drayage operations has been introduced in the Senate. Among other things, the bill would clear the way for ports to ban owner-operators and require all drivers to be employees of companies. …
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12/22/2011 – Final HOS Rule Retains 11-Hour Driving Limit
The long-awaited final rule on revised hours of service has been released, keeping the current 11-hour daily driving limit but cutting by 12 hours the maximum number of hours a truck driver can work within a week….
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