Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Safety Groups Petition FMCSA to Reconsider HOS Rule

Four major safety advocacy groups Thursday filed a petition asking the government to reconsider its controversial final hours of service rule

by Staff
December 18, 2008
3 min to read


Four major safety advocacy groups Thursday filed a petition asking the government to reconsider its controversial final hours of service rule.


Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition and the International Brotherhood of Teamsters filed a petition for reconsideration with the administrator of the Federal Motor Carrier Safety Administration, saying the rules "can compel professional truck drivers to work and drive 19th century sweatshop hours."

In its final rule published on Nov. 19, the groups say, FMCSA ignored two court decisions that have been issued since 2003. The first decision found that the agency had not adequately taken driver health into consideration. The second decision vacated the 11-hour driving and 34-hour restart provisions of FMCSA's revised 2005 final rule that raised the limits for daily and weekly driving and on-duty hours. Although courts have twice ordered the agency to reconsider the rule, FMCSA has re-issued virtually the same rule after each court order, claim the safety groups.

"Under this rule, companies can force interstate truck drivers to work and drive grueling hours that are unheard of in other U.S. workplaces in the 21st century," said Joan Claybrook, president of Public Citizen and former administrator of the National Highway Traffic Safety Administration. "These trucks are rolling sweatshops."

The American Trucking Associations calls says the petition is "ill-advised and raises no new substantive safety issues."

The petition asks FMCSA to reconsider the regulation "based on numerous errors and misrepresentations of research findings clearly showing that much longer working and driving hours will inevitably produce severely fatigued drivers who also can suffer serious health problems from excessively long working hours," according to a statement from the safety groups.

ATA says the current Hours of Service rules, which have been in effect since January 2004, have never, contrary to claims from Public Citizen and others, been overturned in court on substantive grounds related to their safety impact. Rather, prior legal rulings have been based on procedural problems. FMCSA has corrected those procedural errors and earlier this year, the D.C. Circuit rebuffed a Public Citizen substantive challenge to the 11- and 34-hour provisions as part of the agency's Interim Final HOS Rule.

ATA points out that the current rules replaced decades-old rules and made them safer by shortening the drivers' work day by an hour or more and increasing the drivers' required daily rest period by two hours, or 25 percent. The rules also permit a restart of the weekly HOS "clock" if a driver remains off duty for 34 hours or more. The restart is intended to encourage drivers to take extended periods of off-duty rest time at home.

The current rules were designed to complement the human body's 24-hour circadian rhythm, and while these rules have been in effect, large truck crash rates, injury rates and death rates have fallen to all-time lows, ATA notes.

Claybrook said Thursday in an interview on Sirius Satellite Radio's "The Lockridge Report" that it is likely Public Citizen will file suit against the government over the final rule if this petition is not granted. When asked what she would like to see in hours of service rules for truckers, Claybrook said an eight-hour daily limit, with truckers being paid overtime when they go beyond that.

To read the petition, go to www.citizen.org/documents/HOSPetition.pdf.

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

6 Dashcam Tactics to Improve Safety & ROI

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →