Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

ATA Responds to Public Citizen Filing on Hours of Service

The American Trucking Associations said Friday that Public Citizen continues to disregard the important safety advantages of the commercial drivers' hours of service (HOS) regulations that it has attacked in the courts

by Staff
September 30, 2007
ATA Responds to Public Citizen Filing on Hours of Service

 

3 min to read


The American Trucking Associations said Friday that Public Citizen continues to disregard the important safety advantages of the commercial drivers' hours of service (HOS) regulations that it has attacked in the courts.

Ad Loading...


In a press release late Friday, ATA claims Public Citizen continues to fail to recognize that the current HOS regulations significantly increased the mandated daily rest period for drivers from 8 to 10 hours and required drivers to complete their daily driving within 14 hours of the beginning of their shifts instead of an extendable 15 hours in the previous regulations. These two changes help ensure that drivers do not suffer from cumulative fatigue and make safer the driver's daily driving tour, including in the 11th hour, according to the trucking organization.
In response to a challenge from Public Citizen, joined by three other safety groups and the Teamsters union, the U.S. Circuit Court of Appeals for the D.C. Circuit vacated two HOS provisions: one allowing 11 hours of driving time per day and one allowing drivers to restart their weekly clock after 34 hours of rest.
ATA, citing positive safety data under the new rules and extreme disruptions to the trucking industry related to a transition to new rules, is seeking a stay of decision for eight months to allow those provisions to stay in place pending further agency action. FMCSA strongly supported that motion, citing the same grounds relied on by ATA, but asked that the stay be 12 months instead of eight.
In a filing opposing the ATA motion, Public Citizen first claimed that the court had substantively struck down the two challenged provisions and that the court would unquestionably do so again in future litigation. ATA, in a reply filed Friday, countered that the court did not rule that those provisions are unsafe, only that FMCSA erred in its rulemaking procedures.
Express statements made in the court's opinion supported this assertion. FMCSA agreed as well, noting in its filing that the decision "did not foreclose issuance of a new rule that contains the 11- and 34-hour provisions, assuming the agency provides the requisite notice and comment and adequately explains its reasoning.

Among ATA's other responses to Public Citizen's filing are:
• It failed to address an expert statistician's declaration that validates the FMCSA interpretation of the key fatigue study at issue in the litigation.
• It failed to respond to evidence that in the real world of truck operations, the 34-hour restart does not significantly increase weekly driving hours.
• It failed to respond to the reports of positive effects that the 11- and 34-hour provisions have had on drivers and their health. Under these provisions drivers have more time at home with families, greater scheduling flexibility and opportunities for greater income.
• It offered no proof, only patently wrong assertions, that the dislocation and costs to the industry of a rule change would not be as great as ATA suggests.
• It wrongly stated that productivity benefits of the HOS rule result only from increased driving hours, ignoring the benefits from increased flexibility and enhanced efficiency in equipment usage.

The ATA reply brief completes the briefing process, making a decision on the motion ripe at any time. The court is under no time limit to decide, but a decision is expected in the next few weeks. ATA's motion for a stay, is also supported by the Commercial Vehicle Safety Alliance law enforcement group, UPS and three prominent shipper groups: the National Industrial Transportation League, the National Small Shipment Traffic Conference and the Health & Personal Care Logistics Conference Inc.

More Drivers

Photo of truck driver at podium holding award
Driversby News/Media ReleaseMarch 27, 2026

Best Fleets to Drive For: Two Carriers Earn Overall Award for First Time

CarriersEdge announced the 2026 Best Fleets to Drive For overall winners, with Crawford Trucking, Fortigo Freight Services, and FTC Transportation receiving top awards.

Read More →
Illustration of Department of Labor building, diesel technician at a computer, and driver training semi trailer
Driversby Deborah LockridgeMarch 10, 2026

Federal Proposal Would Allow Pell Grants for Shorter-Term Job Training

The Department of Labor plans to expand Pell Grant eligibility to some shorter workforce training programs, a move the American Trucking Associations said will help strengthen commercial driver training schools and diesel technician training programs.

Read More →
Illustration of truck owner operator and magnifying glass with the word "regulations"
Driversby Deborah LockridgeFebruary 26, 2026

Owner-Operator Model Gets Boost as DOL Proposes 2024 Independent Contractor Definition Reversal

For an industry that has watched this issue go back and forth for years, the independent contractor proposal marks the latest swing in the regulatory pendulum.

Read More →
Ad Loading...
 Truck with door open and enforcement officer talking to driver about ELD
DriversFebruary 26, 2026

FMCSA Reinstates Field Warrior ELD to Registered Device List

One electronic logging device has been reinstated to the FMCSA's list of registered ELDs.

Read More →
Photo of truck driver in yellow safety vest walking alongside tractor-trailer
Driversby Deborah LockridgeFebruary 25, 2026

How One Company is Using Smart Suspension Technology to Reduce Driver Injuries and Improve Retention

America’s Service Line adopted Link’s SmartValve and ROI Cabmate systems to address whole-body vibration, repetitive strain, and driver turnover. The trucking fleet is already seeing measurable results.

Read More →
Illustration with photos from some of the 2026 Best Fleets to Drive For honorees
Driversby News/Media ReleaseFebruary 24, 2026

CarriersEdge Announces 2026 Best Fleets to Drive For

The 18th annual contest recognizing the best workplaces for truck drivers sees changes to Top 20, Hall of Fame

Read More →
Ad Loading...
Illustration of driver students around trucks with distressed graphic elements and safety cones
Driversby Deborah LockridgeFebruary 19, 2026

FMCSA Targets 550+ ‘Sham’ CDL Schools in Nationwide Sting Operation

The Federal Motor Carrier Safety Administration issued more than 550 notices of proposed removal to commercial driver training providers following a five-day nationwide enforcement sweep. Investigators cited unqualified instructors, improper training vehicles, and failure to meet federal and state requirements.

Read More →
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 18, 2026

DOT Alleges Illinois Issued Illegal Non-Domiciled CDLs

Illinois is the latest state targeted and threatened with the loss of highway funding by the U.S. Department of Transportation in its review of states' non-domiciled CDL issuance procedures. The state is pushing back.

Read More →
 Illustration showing a driver behind the wheel, DOT offices, and examples of problematic non domiciled CDL
Driversby Deborah LockridgeFebruary 12, 2026

FMCSA Locks in Non-Domiciled CDL Restrictions

After a legal pause last fall, FMCSA has finalized its rule limiting non-domiciled commercial driver's licenses. The agency says the change closes a safety gap, and its revised economic analysis suggests workforce effects will be more gradual than first thought.

Read More →
Ad Loading...
Photo of Stone's Truck Stop
Driversby News/Media ReleaseFebruary 5, 2026

Trucker Path Names Top Truck Stops for 2026

Truck driver ratings reveal the best chain and independent truck stops in the country.

Read More →