The Federal Motor Carrier Safety Administration filed a motion with a Washington, D.C. appeals court this week, requesting a stay that will give the agency time to decide how the controversial hours of service rules need to be changed.

The U.S. Court of Appeals for the District of Columbia Circuit unanimously ruled in mid-July that the regulations, which took effect Jan. 4, are "arbitrary and capricious" because the FMCSA did not consider driver health.
The rules increased the required off-duty time from eight to 10 hours and reduced on-duty time from 15 to 14 hours a day, but increased driving time by one hour to 11 hours a day. They also eliminated a condition allowing truckers to extend their on-duty time by taking breaks during the day.
The American Trucking Assns. (ATA) also filed a motion this week, asking for an indefinite stay on the court's decision to throw out the hours of service rules.
The FMCSA asked for at least six months to make a decision on how long it will take to implement and enforce a new or revised set of rules.
Commercial truck drivers may have to change their operations if the new rules restrict driving time further, or require spending for electronic onboard recorders that automatically monitor driver compliance with the new rules.
The appeals court questioned why driving time for a driver was extended from 10 hours to 11 hours. And it asked about the sleeper berth exception, as well as why electronic onboard recorders are not required.
The FMCSA wants time to get comments from the trucking industry and safety officials on the costs and benefits of electronic on-board recorders.
Some companies already use the devices, which allow fleets to track their truck's locations, and make it impossible for a trucker to fake a logbook.
The electronic devices are seen by many truckers as a heavy-handed regulation that will strap small fleets with additional costs.