WASHINGTON, D.C. — The American Trucking Associations (ATA) and Truckload Carriers Association (TCA) have submitted filings with the US Court of Appeals for the District of Columbia Circuit to contend changes to US hours-of-service regs.
The ATA argued the rule is “arbitrary and capricious” and should be overturned. Specifically, the group took issue with: the provision requiring two overnight rest periods between 1 and 5 a.m. during a reset; limits on how often a driver may use the restart; the mandatory 30-minute break; and narrowing – without prior notice – certain exceptions to drive time regulations for local deliver 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,” ATA president and CEO Bill Graves said. “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.”
For its part, the TCA said it was tagging onto the ATA’s lawsuit.
“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,” said Chris Burruss, TCA 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.”
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