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ATA asks government to overrule HoS ruling

WASHINGTON, D.C. -- The American Trucking Associations (ATA) said yesterday there is no compelling safety reason ...


WASHINGTON, D.C. — The American Trucking Associations (ATA) said yesterday there is no compelling safety reason to eliminate two provisions of the US HoS recently challenged by the Court of Appeals.

The US Court of Appeals recently struck down the 11-hour driving time provision and the 34-hour reset provision in the HoS rules south of the border. The Court did not rule the legislation is unsafe, but instead agreed that the Federal Motor Carrier Safety Administration (FMCSA) did not follow proper procedures when implementing the rules. Drivers are instructed to continue abiding by the current US hours-of-service rules until further guidance is provided.

ATA president Bill Graves was in Washington yesterday, where he urged Secretary of Transportation Mary Peters to push for a stay of the Court of Appeals ruling on HoS.

“FMCSA can readily address the procedural flaws identified by the Court, and we believe that’s what they should do,” Graves said.

To support its case, the ATA pointed out fatalities involving truck crashes are down 4.7% since the new HoS rules were implemented thats the largest drop seen in the US in 14 years.

“ATA asks that you and your staff work with FMCSA and Department of Justice to, first and foremost, file a timely motion with the Court requesting either a stay of the decision, or a remanded (to FMCSA) without the court vacating the 11-hour driving rule and the 34-hour restart provision. There is no compelling safety reason for these two elements of the rule to be vacated,” Graves said.

Graves also pointed out that while the new US rules allow an extra hour of driving time, they also require two additional hours of rest. An American Transportation Research Institute study found most drivers experienced less fatigue and preferred the current rules allowing 11 hours of driving, 10 hours off and a 34-hour reset.


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