July 2007 - Trucker's Hours-of-Service Change Voided by Court

In 2005, interstate (and many intrastate) motor carriers of property had the first change in decades to the hours-of-service regulations they must adhere to. The major changes were to allow drivers to drive for 11-hours, versus the previous 10-hour limit, and to increase the maximum number of hours of driving over 7 and 8 consecutive days.

A three-judge panel of the United States Court of Appeals unanimously ruled that the Federal Motor Carrier Safety Administration (FMCSA) "failed to provide an adequate explanation for its decision to adopt the 11-hour daily driving limit." The decision, reversing the change in the daily driving limit, is not scheduled to take effect until September 14, 2007.

The Court stated that FMCSA failed to give "interested parties an opportunity to comment on the methodology of the crash-risk model that the agency used to justify an increase in the maximum number of daily and weekly hours that truck drivers may drive and work."

If the effective date remains September 14, FMCSA has time to petition the Court for reconsideration of their decision or to stay the current rules while they seek to resolve the Court’s concerns. According to a statement posted by FMCSA, "We are analyzing the decision to understand the court's findings, as well as determine the agency’s next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations, and save lives."

COPYRIGHT ©2007, ISO Services Properties, Inc.

The information contained in this publication was obtained from sources believed to be reliable. ISO Services Properties, Inc., its companies and employees make no guarantee of results and assume no liability in connection with either the information herein contained or the safety suggestions herein made. Moreover, it cannot be assumed that every acceptable safety procedure is contained herein or that abnormal or unusual circumstances may not warrant or require further or additional procedure.