On Friday, ATA submitted a petition asking the Federal Motor Carrier Safety Administration to retain the 11-hour daily driving limit and 34-hour restart provisions of the HOS regulations pending the agency's reconsideration of the provisions. ATA also plans to file a motion with the Court of Appeals this week seeking a stay of the court's order vacating the two provisions of the HOS regulations. The stay would keep the 11- and 34-hour provisions in place pending further agency review.
The court's July 24 court decision vacated the two HOS provisions, citing various procedural issues identified during the rulemaking process. The petition also asks the agency to establish a firm, expedited notice of proposed rulemaking process for addressing the issues identified by the U.S. Court of Appeals for the District of Columbia Circuit.
If the FMCSA does not act, ATA will file with the court for a stay of its decision. The vacating of the two provisions could take formal effect as early as Sept. 14, but the filing of ATA's request for a stay will delay that timing at least until the court rules on ATA's request.
"There is no compelling safety reason for these two elements of the rule to be vacated," ATA President and CEO Bill Graves noted in a letter to Transportation Secretary Mary Peters last month. Contrary to the claims of special interest groups, the court's decision did not state that the two elements were unsafe, merely that the FMCSA had not followed required procedures in developing those parts of the rule.
Critics of the rules have fixated on the one additional hour of driving that was allowed, and fail to note that the same version of the rules increased drivers' required daily rest period from 8 hours to 10 hours and reduced the maximum on-duty period from 15 hours per day to 14 hours per day. Under the rules, ATA notes, truck drivers could be assured of more rest time each day than under the previous rules.
ATA's petition argues that it will be impossible for the trucking industry to adapt to immediate changes in the daily driving limit and restart provisions without significant and costly impacts upon carriers' operations. ATA also argues that the inability of many states to immediately adapt to the new requirements will result in a patchwork of enforcement, which could undermine the agency's safety efforts.
The petition asked the agency to publish an Interim Final Rule by Sept. 14 that would re-adopt the 11-hour driving limit and 34-hour restart; commit to publishing a proposed rulemaking that addresses the issues identified by the court within 60 days; and publish a final rule within 180 days of the notice of publication of the proposed rule.