Final Truck Driver Hours of Service Rule Could Come Soon
The FMCSA failed to meet its court imposed October 28, 2011 deadline for publishing a final rule on Hours-of-Service (HOS). Now the FMCSA has extended the deadline, indicating it will file a status report on the rulemaking with the court by November 28, 2011.
Although the FMCSA indicated that it will “continue to work toward publishing a final rule as quickly as possible”, it is unclear whether the FMCSA intends to publish the rule by November 28 or simply provide the court with an update on the rule - thus delaying publication of a final rule beyond November.
On Tuesday, November 1, the Department of Transportation (DOT) officially transmitted FMCSA’s final draft of the rule to the White House’s Office of Management and Budget (OMB) for review. This is the last step in the government’s regulatory process and can normally last between 30 and 90 days.
There is no guarantee that OMB will simply sign off on the final rule as submitted by the FMCSA. It is not uncommon for OMB to return a rule for modification, which can add more time to the process. Once OMB has signed off on the rule, it will return to the DOT before it is published in the Federal Register.
While the rule is at OMB, it is not available to public view or inspection. The only information provided to the public is:
“This rulemaking would propose changes to the hours of service requirements for drivers operating a commercial motor vehicle transporting property. The requirement for this rulemaking was established on Oct. 26, 2009, when Public Citizen et al. (petitioners) and FMCSA entered into a settlement agreement under which petitioners´ petition for judicial review of the Nov. 19, 2008, final rule on drivers´ hours of service will be held in abeyance pending the publication of an NPRM reevaluating the hours of service rule.”
This isn’t the first time HOS has been involved with litigation forcing a redraft. Click here to see a timeline that led up to the most recent lawsuit (Courtesy of Jami Jones, Land Line Senior Editor.)
Driving Ambition is a premier CDL truck driver staffing company serving Indiana, Ohio, Kentucky, and Tennessee. Since 2001, we have specialized in matching safe, experienced CDL drivers for our customers and great job opportunities for our professional truck drivers.
Our commitment to safety and building solid working relationships with both customers and CDL drivers has allowed us to earn an unparalleled reputation with our Proven Drivers and Exceptional Service.