Senate Bill Would Block Rewrite of Hours of Service Rule

New Hampshire Republican Senator Kelly Ayotte introduced a measure to block the pending rewrite of the hours of service rule.

Offered as an amendment to the 2012 transportation appropriations bill, which the Senate is working on this week, the provision would cut off funds to enforce or implement the new rule.

As of last night, the Senate had not yet taken up the matter.

"This is yet another heavy-handed federal regulation that would disrupt business operations and increase costs for the trucking industry and consumers, and New Hampshire's truckers are rightfully concerned about the impact of these changes," Ayotte said in a statement.

Support came from Robert Sculley, president of the New Hampshire Motor Transport Association.

"I commend Senator Ayotte for her initiative to stop unnecessary government interference in the commercial motor carrier industry," Sculley said in a statement. "Our industry has never been safer. The proposed new rules by the Federal Motor Carrier Safety Administration will increase costs and cause delays in deliveries and service. It is critically important that we continue to operate under the current Federal guidelines and we applaud Senator Ayotte in her efforts in this area."

The rule is scheduled to be published Oct. 28, but it appears unlikely that the agency will meet that deadline. With just eight days to go, the rule still must be vetted by the White House Office of Management and Budget. As of last night, the rule still had not been sent over to OMB from the Department of Transportation.

ATA senior vice president Dave Osiecki has met with OMB officials about the rule and reported that the meeting went well. "They listened, and they asked very good questions," he said. "Only time will tell whether we made an effective case."

Ayotte's bill is the latest in a series of congressional moves against the rule.

House Speaker John Boehner, Ohio, and Majority Leader Eric Cantor, Va., recently asked President Obama to withdraw the pending rewrite and stick with the current rule, saying that by doing so he can avoid adding a $1 billion regulatory burden.

This followed a similar but somewhat stronger letter by Rep. John Mica, chairman of the House Transportation and Infrastructure Committee, and three of his Republican colleagues on the committee, warning the administration that the T&I Committee will challenge any changes to the current rules.