FMCSA takes request for HOS stay to Senate
WASHINGTON, (April 12, 2005) — Federal Motor Carrier Safety Administration chief Annette Sandberg reiterated her call for the U.S. Senate to make the existing U.S. hours-of-service rule permanent.
The FMCSA was told by a U.S. federal Court of Appeals to revise the rule that came into effect Jan. 1, 2004 because it did not take “health of drivers into account.” Despite the court throwing out the rule, U.S. Congress subsequently issued a stay on the current HOS regime, giving the FMCSA until September of this year to comply with the court order.
Speaking before the Senate Subcommittee on Surface Transportation, Sandberg said that the FMCSA is on track to meet the deadline, however “the new rule, like the old rule, will not please everyone.”
“I am concerned that the revised rule will open the Agency and the Department to the same kinds of legal challenges we have experienced already,” she said. These challenges keep the industry and others in a constant state of uncertainty. For this reason, the Administration seeks the inclusion of language in the Senate reauthorization bill that will make the 2003 rule permanent and allow FMCSA the opportunity to revise the rule, if necessary.”
Sandberg also said another issue of concern is the number of proposed exemptions for various industries to the HOS rule. “New blanket statutory exemptions for various industries increase the likelihood that tired drivers will be on the roads endangering the driving public,” she said. “Overall, these exemptions compromise safety. They create enforcement problems, hamper accurate recordkeeping, encourage other industries to seek exemptions, and dilute the objective of providing drivers a more regular schedule to coincide with circadian rhythms.”
Since she had the floor, Sandberg brought up a host of transportation-related issued, including the proposed creation of a standing medical review board to provide the agency with expert medical advice on driver qualification standards and guidelines. “(This would) enhance our ability to adopt medically sound and up to date regulations,” she said. “In the past, we have assembled expert medical specialists on an ad hoc basis to review the standards and guidelines for qualifying truck and bus drivers.”
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