The new hours of service rule goes into effect this Saturday, Oct. 1

The Federal Motor Carrier Safety Administration said it recognizes that neither the motor carrier industry nor enforcement agencies will be able to implement every provision of the new regulations immediately. Therefore, the agency will provide a transition period for compliance and enforcement from Oct. 1 through Dec. 31.
FMCSA said the transition period would give industry and law enforcement officials time to adjust to the rules. During this transitional period FMCSA said it would monitor carriers for egregious violations of the new hours of service rule and pursue enforcement action when necessary. Egregious violations are those that show a clear disregard for safety by the motor carrier or operator.
Meanwhile, ATA President & CEO Bill Graves is sending letters to the governors in each of the 50 states asking them to urge their state enforcement officials to follow the FMCSA's lead regarding a three-month “soft enforcement” period for the revised rule. While these rules are similar in many respects to those issued by FMCSA two years ago, they contain a significant change in how drivers may use sleeper berths in truck tractors to achieve the required amount of rest.  
Notably, FMCSA has released a memo stating they will delay enforcement until the end of the year, except in egregious conditions, and has encouraged states to do likewise. However, under existing procedures, more than 20 states have already codified the revised rules in state law and have the option of immediate enforcement on interstate drivers and carriers, while the remainder of the states must follow an administrative or legislative approach to adoption.
ATA is also pursuing legislative actions to seek a “stay” in the rules’ implementation date. Inclusion of a delay has not proved feasible in the continuing resolution. Faced with numerous requests for similar special provisions to be added to the continuing resolution, Congressional leadership along with two appropriations committees established a standard that only provisions essential for the continued operations of the federal government would be included. In that ATA’s request did not meet that standard, it was not included. ATA is therefore seeking through Bill Graves’ letter the consideration and allowance by states to delay enforcement of the revised rules. At the same time, ATA is pursuing a stand-alone bill in Congress that seeks to delay enforcement of the sleeper berth provisions until January 2006. 
For more information, visit www.fmcsa.dot.gov/rules-regulations/topics/hos/hos-2005.htm.