Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Safety Groups Challenge Hours of Service in Court Again

The Teamsters, Public Citizen, Advocates for Highway and Auto Safety, and the Truck Safety Coalition have again attacked federal hours of service rules in court

by Staff
March 9, 2009
2 min to read


The Teamsters, Public Citizen, Advocates for Highway and Auto Safety, and the Truck Safety Coalition have again attacked federal hours of service rules in court.

The safety groups asked an appeals court today to review what they call "a dangerous Bush-era regulation that increased the amount of time truck drivers can spend behind the wheel."

The groups also sent a letter to Transportation Secretary Ray LaHood asking him to begin work on a new regulation that would reduce truck crashes caused by fatigue.

"We have taken this action with the conviction, based on research and scientific data, that longer driving and working hours are unsafe and promote driver fatigue," the letter said.

The rule, which took effect in 2003, has twice before been challenged in court by safety groups. The regulations were modified somewhat following the first challenge, but the revised rule was challenged again in 2005.

In July 2007, the court remanded the hours of service rules to FMCSA, ruling that the agency must provide better explanations of its justifications for adopting the controversial 11-hour drive time and 34-hour restart provisions. Many in the trucking industry interpreted that decision as "procedural," something the agency could fix fairly easily.

In December 2007, FMCSA announced that it was keeping the 11-hour and the 34-hour provisions in an Interim Final Rule. In January 2008, a federal appeals court denied Public Citizen's request to invalidate that interim rule. The final rule was unveiled late last year and went into effect in the final days of the Bush administration.

The ongoing challenge asserts that the hours of service rule "allows truck drivers to drive for 11 hours, one more hour than they were allowed before the 2003 rule. It allows them to drive as many as 77 hours in seven days or 88 hours in eight days, over 25 percent more than previously."

"It is illogical and unacceptable that the prior Administration's solution to truck driver fatigue was longer working and driving hours, said Jackie Gillan, vice president for Advocates for Highway and Auto Safety. "Public health and safety is at stake and there needs to be a new rule."

But In unveiling the Final Rule late last year, FMCSA Administrator John Hill emphasized, "These rules are crafted to match what we know about drivers' circadian rhythms and the real world work environment truckers face every day."

See "FMCSA Announces Final HOS Rule," 11/19/2008.
 

More Safety & Compliance

Winter pileup accidents.
Disaster Responseby Jack RobertsApril 30, 2026

Avoiding Winter Pileups: Don’t Become the Next Link in the Crash-Chain

Winter roadway “pileups” aren’t one crash — they’re a chain reaction. Here’s what triggers them, how truck drivers can spot the danger early, and what to do if you're suddenly trapped in the mess.

Read More →
Mobile tablet showing Motus screen against highway background with Motus logo

FMCSA’s Motus System Is Coming. What Fleets Need to Know Now

The long-awaited registration system promises a single portal — and tighter fraud controls.

Read More →
Graphic with light bulbs, HDT Truck Fleet Innovators logo, and the word Nominations
Fleet ManagementApril 24, 2026

Nominations Open for HDT Truck Fleet Innovators 2026

Heavy Duty Trucking is searching for forward-looking leaders at trucking fleets as nominations for HDT’s Truck Fleet Innovators 2026. Deadline is May 15.

Read More →
Ad Loading...
Detroit ABA6 safety system.

Freightliner Expands Detroit Assurance with New Intersection and Turning Safety Tech

Detroit’s next-generation ABA6 safety system adds cross-traffic detection and enhanced side guard assist with left-turn protection, targeting high-risk urban scenarios.

Read More →
Illustration with ATRI logo and square blocks spelling out "research"
Fleet Managementby Deborah LockridgeApril 20, 2026

'Beyond Compliance,' Regulations, Driver Coaching on ATRI’s 2026 Research List

The American Transportation Research Institute will examine driver coaching, regulatory impacts — including the "Beyond Compliance" concept —and weather disruptions that shape trucking operations.

Read More →
Illustration of colorful map of United States with DataQs website screen superimposed

FMCSA Revamps DataQs to Improve Fairness, Speed of Reviews

New requirements add firm deadlines and independent review steps, addressing long-standing complaints about inconsistent rulings and slow response times.

Read More →
Ad Loading...
Illustration of driver medical exam paperwork over duotone background of a blood pressure check

FMCSA Extends Paper Medical Card Exemption … Again

Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.

Read More →
Collage of Top 20 Product award ceremonies
EquipmentMarch 31, 2026

HDT Honors the Best New Products of 2025 at TMC [Photos]

Heavy Duty Trucking's Top 20 Products awards recognize the best new products and technologies. Check out the award presentations at the 2026 Technology & Maintenance Council annual meeting.

Read More →
freightliner whitepaper
SponsoredMarch 31, 2026

Detroit Engines: Trusted Performance, Built for What's Next

The Detroit® Gen 6 engine platform proves that real progress doesn’t require a complete redesign. Built on 20 years of trusted technology, these engines are designed for efficiency, stronger performance, and greater reliability than before. And they do it all while complying with 2027 EPA standards on every mile.

Read More →
Ad Loading...
Aperia HALO front steer axle.
Safety & Complianceby Jack RobertsMarch 18, 2026

Aperia Expands Halo Platform with Steer-Tire Inflation System, Fifth-Wheel Integration

Aperia Technologies introduced a new automatic tire inflation system for steer axles and a partnership with Fontaine Fifth Wheel to integrate coupling status into its Halo Connect platform.

Read More →