BREAKING NEWS: FMCSA apparently to reconsider HOS rule from scratch

Oct 272009
 
 27/10/2009  Posted by PMC at 09:52 on 27/10/2009

fmcsalogo200From “The Trucker”

WASHINGTON — The Federal Motor Carrier Safety Administration, in response to a lawsuit concerning the Hours of Service regulations, has in essence agreed to review the 2008 HOS rule from scratch and issue a new Final Rule in less than two years.

In light of the decision to reconsider the rule, the petitioners who brought the suit, Public Citizen, et al., and FMCSA have entered into a settlement agreement that will put the case in abeyance pending the issuance of a Notice of Proposed Rulemaking, which the FMCSA must submit to the Office of Management and Budget for review within nine months of the settlement (Oct. 26, 2009) and the publishing of a Final Rule within 21 months of the date of settlement.

“We are pleased that the government has decided to take seriously its responsibility to protect truck drivers and the public from unsafe driving conditions instead of bending to the interests of the trucking industry,” said Greg Beck, the Public Citizen lawyer handling the case.

The Department of Transportation was preparing a statement this morning. Details will be posted as they become available during the day.
We can probably take this news with some trepidation as most things the government touches, they screw up. But we can take a wait and see attitude in this case.

One point that needs to be changed is the ironclad 14 hour clock. Especially with EOBR’s on the horizen, the rules need to be changed to give us more flexibility during the day for naps, etc. However, the 34 hour restart should remain inviolate.

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  • http://truckingdispute.wordpress.com Fernando

    Hi Mr Corn,

    I don't know why, but I was having trouble with your page so I sent you a message through facebook…

    Thanks for your time!

  • http://www.southwestcarriersservice.com Gary Burley

    I think the only change that needs to be done is to include the two hour split with the 10 hour off duty time… rather than confine the split with just the use of sleeper. This will give driver a little more flexibilty, plus they don't need to worry about whether or not they messed up their hours of service…Otherwise leave it alone!!! The more the powers to be…. mess with it… the worse it gets… I have gave several group presentations and believe me, sometime drivers have a time trying to grasp the whole concept of what FMCSA is trying to convey to them… Thanks Gary

    • http://mexicotrucker.com PMC

      You're correct Gary. The company I'm with has the same problem with drivers trying to comprehend the rules of HOS.

      If they got to change, the best way in my opinion, would be to do away with the 14 hour rule. Keep the 34 hour restart or stretch it to 36. Driving time could be 10 or 11 with a cumulative total of 10 hours rest during the 24 and after the driving time.

      Myself, I play by my own rules. I like to drive in the overnight. Go to bed before sunrise, wake up about noon, drive a couple or three hours, eat, take a nap until dark and start over. I know better than the government the rest my body needs and I get it, when I need it.

      As long as my fuel stops match.

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  • http://www.news-junkies.com Joeseph

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