Trucking Allies File Amicus Brief on HOS

July 31, 2012

The National Retail Federation joined a coalition of manufacturers, shippers and transportation providers to file an amicus brief before the U.S. Court of Appeals opposing new hours-of-service rules.

The National Retail Federation says any change in supply chain policy should be based solely on science and fact. Photo by Jim Park.

The joint friend-of-the-court brief challenges the Federal Motor Carrier Safety Administration's new hours-of-service regulations, calling them arbitrary and capricious. NRF had previously filed comments with the FMCSA during the rulemaking process to express the retail industry's concerns.

"The retail industry is at the crossroads of the supply chain, interconnecting manufacturers and suppliers with vendors and customers," NRF President and CEO Matthew Shay said. "It is the retail industry's responsibility to get products to market and into consumers' hands in a safe and timely manner. It is a responsibility that we hold dear. Any new regulation that impedes that ability increases our transportation costs, increases consumer prices and jeopardizes the fragile economic recovery."

The joint brief also supports another FMCSA decision that preserved the 14-hour driving window and 11-hour on-time driving requirement. This aspect of the regulation is being challenged in court by Public Citizen.

"The Administration failed to take into account the serious economic ramifications faced by the broader supply chain community when drafting these rules," Shay said. "NRF and the National Coalition of Chain Restaurants believe that the new requirements will only drive up costs, make trucking less safe, increase congestion, and ultimately hurt job growth and the economy. Any change in supply chain policy should be based solely on science and fact."