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

Red Nussbaum Class 8 tractor pulling white and red trailer with aero fairings and skirts
Drivers•by Staff•September 23, 2026

Nussbaum, Roehl Announce Second Driver Pay Increase This Year

This year has seen a swath of major truck driver pay increases as freight capacity has tightened.

Read More →
Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
Drivers•September 17, 2026

From One Generation to the Next: How Mentorship Builds Safer Truck Drivers

After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.

Read More →
Illustration with driver behind the wheel, an alert sign, and a laptop
Drivers•by Lauren Fletcher•September 9, 2026

Truck Drivers Need More Than Another Alert

Fleets have more visibility into truck health, safety events, and driver activity than ever. The next challenge is turning all that information into useful guidance for the person who has to decide what to do next.

Read More →
Ad Loading...
Two men in jackets with Homeland Security indicated on the back, standing in a parking lot looking toward a building with trucks in front of it
Drivers•by Deborah Lockridge•September 1, 2026

FMCSA Removes 110 Truck Driver Training Schools from Certified ELDT List

Federal regulators also are targeting more than 160 additional training providers and launching a nationwide audit of third-party CDL skills testers as part of a broader crackdown on trucking fraud.

Read More →
Illustration of tired truck driver, electronic logging device, and traffic congestion

Hours of Service Pilot Programs: FMCSA Readies for 2027 Rollout

Two pilot programs could eventually reshape hours-of-service rules, giving truck drivers options to pause their 14-hour clock or use longer split sleeper rest periods.

Read More →
Illustration with safety cones in background, Roadcheck logo, cargo tiedowns, and officer checking driver logs
Safety & Compliance•by Deborah Lockridge•August 26, 2026

Medical Cards, English Proficiency Reshape Roadcheck Violations

Medical-card violations jumped to the top of the driver out-of-service list during CVSA’s 2026 International Roadcheck, while English-language proficiency violations appeared among the leading violations for the first time.

Read More →
Ad Loading...
Illustration of data privacy, big brother concept, and truck driver behind the wheel
Safety & Compliance•by Deborah Lockridge•August 17, 2026

Driver Trust Can Make or Break the Success of Fleet Safety Technology

New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.

Read More →
Illustration incorporating a gavel, the back of a driver training trailer, and art showing a blue female shape standing out in a row of male shapes.
Drivers•by Staff•August 11, 2026

EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training

KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.

Read More →
Safety & Compliance•by Deborah Lockridge•August 10, 2026

FMCSA Moves to Codify English Language Requirements for Commercial Drivers

By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.

Read More →
Ad Loading...
YouTube thumbnail showing two Western Star trucks with the text "Behind the Experience: Western Star Star Nation"
Equipment•by Lauren Fletcher•August 3, 2026

Drivers Put Western Star Trucks to the Test at Star Nation Experience

Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!

Read More →