Editorial: FMCSA Joins HOS Stay Request

This Editorial appears in the Oct. 1 print edition of Transport Topics. Click here to subscribe today.

The Federal Motor Carrier Safety Administration has joined American Trucking Associations’ attempt to postpone implementation of a federal court ruling against key portions of the current hours-of-service regulations.

In fact, FMCSA asked the U.S. Court of Appeals for the District of Columbia for a year’s grace — more than the eight-month stay requested by ATA. Barring a stay, the court’s ruling would void the 11-hour daily driving limit and terminate the ability of drivers to restart their work week after a 34-hour rest period.
FMCSA’s filing said ATA’s petition “made a strong case for maintenance of the status quo pending a new rulemaking,” and joined in the request.

It has taken the agency since July to respond to the court’s decision, but we’re glad to see FMCSA take the position it has. It makes eminent sense.

The agency told the court it intends to consider new data and allow comment on any proposed methodology that would address the procedural issues identified by the court. FMCSA said it expects the process to take “approximately 12 months.”

We are heartened by FMCSA’s filing, and are further encouraged by indications that the agency prefers to hold on to the key provisions targeted
by the court rather than begin still another rule-creating process.

ATA continues to believe that both the 11-hours of driving and the 34-hour restart are reasonable provisions and are hopeful that when all is said and done, FMCSA can show the court the logic behind its decision to implement those provisions in the first place.

FMCSA also told the court that in the absence of a stay, some people might act as if there were no restrictions on driving hours.

ATA’s petition has drawn the support of other groups, including the Commercial Vehicle Safety Alliance, which is the organization representing state trucking safety enforcement officers, and the U.S. Chamber of Commerce.

It’s in everyone’s interest that the court grant the stay, and provide FMCSA enough time to make sure that the new HOS rule improves safety on the nation’s roadways.