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FMCSA Tells ATA It Will Not Delay HOS Enforcement

February 26, 2013

The Federal Motor Carrier Safety Administration (FMCSA) said it will not delay enforcement of the latest changes to the hours-of-service rules for truck drivers, saying that American Trucking Associations did not demonstrate enough harm to the industry and law enforcement to merit such a delay.

“Mere uncertainty over the possible outcome of the litigation, which you recognize is a matter over which the parties differ, does not create likelihood that the industry or the enforcement community will suffer harm due to wasted training resources or confusion,” FMCSA wrote in a letter to ATA.

ATA had asked FMCSA in a Jan. 25 letter to hold off enforcing the rule until three months after ATA’s pending lawsuit is decided.

In December 2011, the Federal Motor Carrier Safety Administration handed down strict new hours-of-service rules that govern how many hours professional drivers can work and operate vehicles each day and week. The rules are set to go into effect July 1, 2013.

The transportation industry’s largest grievances against the new hours-of-service rules include the 34-hour restart provision requiring that it include two periods between 1 a.m. and 5 a.m.; the stipulation that the restart may only be used once in a seven-day period; and the requirement that drivers not be allowed to drive for more than eight hours without taking a 30-minute break. 

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