FMCSA Has 3 Months To Fix Hours Of Service (HOS)


Well-Known Member
Monday, Oct. 1, 2007 – For at least three more months, there won’t be any changes to the hours-of-service regulations and there won’t be any changes to the sleeper-berth provisions this time.

On July 24, the court tossed the provision that increased driving time to 11 hours from 10 hours and the 34-hour restart provision. In that same decision, the court denied a petition by the Owner-Operator Independent Drivers Association consider the impact of changes to the sleeper-berth provision.

The court’s July decision – initially to go into effect Sept. 14 – was held off by petitions by OOIDA and the American Trucking Association.

OOIDA petitioned for a rehearing on its request to review changes to the split-sleeper berth provision and how FMCSA arrived at the final rule. ATA asked that the court’s decision not go into effect for eight months. ATA’s request for a stay was echoed by the Federal Motor Carrier Safety Administration – only the agency wanted a 12-month stay.

In an order handed down by the court late Friday, Sept. 28, nobody got their way, really.

OOIDA’s petition for a rehearing was denied and the court’s order will go into effect in three months, not eight months as requested by ATA, or 12 months as requested by the Federal Motor Carrier Safety Administration.

This is a very important news item to keep an eye on. Up until now, it was believed that it would be at least a year until there was any sort of official change. Now, the FMCSA will be forced once again to rush through this.
I think it will be extended again. There are issues to be addressed with it.

If you run Canada, the hours will then be different because they accept restarts.

The training of the DOT will have to be addressed and will most likely take a few months.

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