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10/16/2007 Federal Appeals Court Issues 90-Day Stay of HOS Decision
The U.S. Court of Appeals for the District of Columbia in late September delayed for 90 days the implementation of its ruling to eliminate two hours-of-service (HOS) regulations. The July 24 Court decision called for the elimination of the 34-hour restart and the 11-hour driving limit rules.
On the Monday after the 90-day stay was announced, the Federal Motor Carrier Safety Administration (FMCSA) released the following statement: “We are carefully evaluating our options in light of the court’s ruling. Make no mistake, maintaining the safety of America’s highways continues to be our priority.” In subsequent news reports, FMCSA officials have said that the agency plans to issue guidance on HOS prior to the Court’s December 27 deadline.
The HOS rules in question were implemented with the newest set of regulations that became effective in October 2005.
The Court’s ruling impacts employers and drivers of property-carrying commercial motor vehicles engaged in interstate commerce with a gross vehicle weight rating or gross combination weight rating greater than 10,000 pounds.
The decision came after a petition from several advocacy groups that challenged how FMCSA arrived at the new regulations as well as the safety implications of the regulations. Specifically, the court found that the FMCSA did not allow proper time for comments from the public and a review of their findings. The challenge to the rules also claimed that FMCSA did not allow proper review of the statistical model the administration used to arrive at many of their findings.
Regardless of what the Courts decide, Foley Services has a number of products and services that can help ensure drivers are compliant with Federal regulations. Our Log Auditing Service will ensure that drivers are compliant with HOS rules, whatever they may be! To learn more about how Foley Services can help you comply with Federal regulations, call 1-800-253-5506 or visit www.FoleyServices.com.
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