The Bush Administration has proposed legislation to convert the present hours of service rules into law,
according to the Truckload Carriers Assn. In addition, the White House is proposing to limit the Federal Motor Carrier Safety Administration's jurisdiction over driver health to conditions that would cause death or serious injury.
These actions could effectively end a current court challenge to the HOS rule based on driver health. According to the TCA, the legislation would override the ruling of the U.S. Court of Appeals for the District of Columbia because the court's opinion was based on its interpretation of Congressional intent. Under the proposed law, the FMCSA would still have the power to amend the rules in the future through the normal process.
In its most recent newsletter to members, the TCA said, “The White House hopes to finalize the new Highway Bill by May, and if Congress does enact the bill and includes the codification of the HOS rules into law, the FMCSA will stop their work on its current Jan. 24, 2005, HOS rulemaking proposal to reconsider the regulations.”