The Federal Motor Carrier Safety Administration has published the same hours of service rules vacated by a federal court in July, asking the public to provide feedback
on their experiences that pertains to the court's concern with the issue of driver health.
In its notice of proposed rulemaking published in the Federal Register today the FMCSA makes it clear that the actual hours drivers will be allowed to work will not change.
“FMCSA is not considering changes to the hours of service regulations applicable to drivers and operators of passenger-carrying commercial motor vehicles,” the agency states in the summary of the rulemaking announcement.
The announcement addresses the electronic on-board recording devices it refers to as EOBRs only briefly. The announcement says the FMCSA is still evaluating a mandate and asks for continued comment. So the question of mandated black boxes remains open and on the table.
FMCSA instituted new hours of service rules in January of 2004, but U.S. Court of Appeals for the District of Columbia Circuit vacated the regulations on July 16, 2004, in a suit brought led by Public Citizen.
Congress then moved to keep current regulation in effect until Sept. 30, 2005, or until a new rule addresses the issues raised by the court.