Happy Holidays! New Truck Driver HOS Rule expected by Christmas
In a November 28 U.S. Court of Appeals filing, the FMCSA stated it would release a final truck driver Hours-of-Service (HOS) rule within 30 days. The HOS rule is currently in the final stages as it undergoes review at the White House Office of Management and Budget (OMB).
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.”
The proposed HOS rule was first released late last year and has attracted a great deal of criticism as many in the industry challenge the potential increase in the cost of doing business. Even more cite the industry’s continued success in reducing truck crash and fatalities and question the need for a change from the current HOS which have been in effect since 2004. [For details of the proposed HOS rule, please visit FMCSA Publishes New Hours of Service Proposed Rule.]
The FMCSA has already postponed one final HOS rule deadline, the July 26 deadline set by a federal judge in October 2009. The July 26 date was set when a suit against the FMCSA was settled. [For more background on the settlement that led to a new proposed HOS rule, please visit A Change to Drivers Hours of Service.]
Although the industry expects the FMCSA to announce significant changes this month, the new rule will not go into effect right away. Besides the fact that the industry and enforcement community will likely be given at least several months to prepare for the changes, you can count on a lawsuit being filed and a request for a stay of the current HOS rules.
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