Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

DOT to Revisit Hours of Service Rules

The federal government has agreed to start a new round of rulemaking on hours of service regulations. Public Citizen today announced the Department of Transportation and the Federal Motor Carrier Safety Administration agreed to revisit the rules to settle a lawsui

by Staff
October 27, 2009
DOT to Revisit Hours of Service Rules

 

3 min to read


The federal government has agreed to start a new round of rulemaking on hours of service regulations.

Public Citizen today announced the Department of Transportation and the Federal Motor Carrier Safety Administration agreed to revisit the rules to settle a lawsuit

Ad Loading...

brought by Public Citizen, Advocates for Highway and Auto Safety, the Truck Safety Coalition and the International Brotherhood of Teamsters.

Today's settlement requires the government to draft a new proposed rule governing hours of service within nine months and to publish a final rule within 21 months.

In March 2009, the groups asked the U.S. Court of Appeals in Washington, D.C., to throw out the hours-of-service rule for the third time. 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 safety groups argue that the rule "dramatically expanded driving and working hours by allowing truck drivers to drive up to 11 consecutive hours (instead of 10) each shift and by cutting the off-duty rest and recovery time at the end of the week from a full weekend of 50 or more hours to as little as 34 hours. ... As a result, the rule allowed truckers to spend up to 17 more hours driving each week than previously allowed, a more than 25 percent increase over the prior rule, despite strong evidence that the increased hours would lead to more traffic fatalities and serious consequences for driver health."

Earlier this year, the American Trucking Associations refuted these claims. In fact, ATA noted, the new hours of service rules reduced the maximum length of the truck driver's work day by at least one hour and increased the daily required number of hours of rest by two hours. The work day was shortened from a previous maximum of 15 hours (which could be extended by breaks) to no more than 14 consecutive hours. Drivers are required to rest at least 10 hours between shifts, with at least eight of those hours in the sleeper berth if it is used while on the road. Within the shorter work day, the rules allow 11 hours of driving instead of the previous 10.

"Another myth sowed by these groups is that the 34-hour restart allows significantly longer driving and on-duty times in a week than the pre-2004 rules," ATA said. FMCSA found that "longer hypothetical hours in driving and duty schedules" envisioned by critics "requires an imaginary world with nearly perfect logistics." In the real world, drivers have found that the 34-hour restart gives them more rest and time off, not less, said the association's statement.


Previous coverage:
"Safety Groups Challenge Hours of Service in Court Again," 3/10/2009
"ATA Counters Hours of Service Myths," 3/11/2009
"FMCSA Announces Final HOS Rule," 11/19/2008

More Drivers

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 →
 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 →
Ad Loading...
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 →
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 →
Ad Loading...
 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 →
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 →
Ad Loading...
SponsoredFebruary 1, 2026

Stop Watching Footage, Start Driving Results

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →