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.
ATA identified four areas where it thinks the recent hours-of-service rule falls short of legal standards for regulatory changes.
Specifically, ATA questioned:
* changes to the restart provision requiring that it include two consecutive periods between 1 a.m. and 5 a.m
* limits on the frequency with which a driver may use the restart
* the requirement that a mandatory 30-minute break from driving also exclude all other on-duty activity; and
* narrowing-without prior notice-certain exceptions to drive-time regulations for local delivery drivers.
“While we had hoped to avoid litigation by providing FMCSA with overwhelming evidence that their rulemaking process and proposals were flawed, now that we have challenged this regulation we will do so vigorously and vocally,” says ATA President and CEO Bill Graves. “There are still many areas where the trucking industry and FMCSA can work together to make progress on highway safety, but the unsoundness of this regulatory process has forced us into court.”
TCA’s Executive Committee decided on March 14 to file the motion in the interest of developing a rule that is based on “sound science, advances public safety, and meets the operational needs of its members.”
“Since the 2004 hours-of-service rule went into effect, we have experienced a year-over-year decline in crashes and fatalities involving commercial vehicles on our nation’s highways,” says Chris Burruss, TCA’s president. “Safety is paramount to the trucking industry and while we remain committed to continuing to reduce accidents, we believe the new rule will take us backward, not forward. We have an obligation to protect our drivers and the motoring public, and we believe this rulemaking stands in conflict with that obligation.”
Government: Related News
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….
3/15/2012 – Dealer Plans to Participate in New Wisconsin Job-Training Program
Peterbilt dealer JX Enterprises hosted Wisconsin Gov. Scott Walker as he signed Assembly Bill 450, popularly known as Wisconsin Wins, into law this week….
3/9/2012 – ATD Study: EPA Grossly Underestimated Emissions Systems Costs
A report released yesterday by The National Automobile Dealers Association and American Truck Dealers questions the Environmental Protection Agency’s cost analysis of 2004-2010 emissions control mandates. Data collected by ATD shows EPA’s cost estimates were off by a factor of between two and five….
3/8/2012 – Volvo Trucks First U.S. Manufacturer to Achieve Dual Energy Certifications
Volvo Trucks‘ New River Valley assembly plant in Dublin, Va., is the first U.S. facility to be certified to the ISO 50001 standards under a pilot program supported by the U.S. Department of Energy….
3/7/2012 – Obama to Visit North Carolina Daimler Trucks Plant
President Obama will visit a Daimler Trucks North America plant in North Carolina today, where he’s expected to tout the economy, job growth and fuel-efficiency standards….
3/2/2012 – New Jersey Bill Would Make Owner-Operators Employees
A proposed New Jersey bill, A1578/S1450, dubbed the “Truck Operator Independent Contractor Act,” seeks to define drayage and parcel delivery owner-operators as employees of the companies they provide services for, rather than independent contractors….
2/29/2012 – ATA Files Brief in Support of FMCSA on EOBR Challenge
American Trucking Associations filed an amicus (friend of the court) brief on Feb. 24 with the U.S. Court of Appeals for the Seventh Circuit in support of the Federal Motor Carrier Safety Administration‘s defense of electronic logging devices….
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…
2/27/2012 – New York Motor Truck Says ‘Fair Play Act’ Anything But
Legislation has been introduced in both the New York State Senate and the Assembly to address the “misclassification” of truck drivers as independent contractors. However, the legislation would be so far-reaching, it would “effectively eliminate the owner-operator business model the trucking industry has been using for over 70 years,” according to the New York State Motor Truck Association….
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….
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….
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….
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….
2/17/2012 – EPA Challenges Navistar Engine Claims
The Environmental Protection Agency believes that Navistar violated engine certification requirements and may file a complaint that could lead to a fine. The agency signaled its intent in a certified letter to Navistar Jan. 30,…
2/16/2012 – Truckstops Fight Amendment in Highway Bill
(UPDATED) Truckstop and convenience store interests are opposed to a provision of the House transportation bill that would allow states to privatize interstate rest areas….
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)….
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. …
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….
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….
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….
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….
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….
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. …
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….
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….
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….