Source:
Allison O. Smith, Director of
Business Development
Scopelitis, Garvin, Light & Hanson, P.C.
10 W. Market St., Suite 1500
Indianapolis, IN 46204
Hours of
Service Alert
Today, July 16, 2004, the U.S.
Court of Appeals (DC Circuit) issued a decision in
Public Citizen V. FMCSA et al. The Court found that
the current hours of service regulation promulgated in
April of 2003 and effective on January 4, 2004 was not
properly promulgated and vacated the current hours of
service rules. Specifically, the Court found that the
FMCSA failed to consider the impact of the new rules
on the health of drivers, a factor that it must
consider under 49 U.S.C. 31136.
In most instances, the current
hours of service rules require greater restrictions on
truck drivers' driving time but not in all cases. The
effect of the decision could be that the hours of
service rules in effect prior to January, 2004, are now
technically the rules that apply to truck drivers and
the motor carriers for which they work. However, it is
not immediately known whether the FMCSA will seek a stay
of the effect of this decision pending appeal. FMCSA
spokesman Bill MacLeod stated earlier today that the
FMCSA will issue an announcement just as soon as the
agency has reviewed and analyzed the Court's decision.
The firm is also engaging in a
careful analysis of the practical impact of this
decision and expects to release guidance to its clients
shortly. For example, if your drivers are driving 11
hours in a day, their driving time may need to be
restricted to 10 hours per day (to comport with the pre
January 2004 hours of service rules). It is difficult to
predict how quickly the enforcement community will
implement new enforcement guidelines if the decision's
effect is not stayed. The decision is attached to this
e-mail as a courtesy and to allow you first hand review
of it. Tim Wiseman (the partner who leads the firm's DOT
safety regulatory practice section) can be contacted at
317-637-1777 or
twiseman@scopelitis.com if you have a specific
question. The firm is in the process of gaining as much
information as is available to provide its motor carrier
clients timely advice.
Full Ruling
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