ATA brings FMCSA to court over new HOS rules

Of late, the Federal Motor Carrier Safety Administration has set its sights firmly on the issue of driver fatigue. The agency's latest efforts have revolved largely around the implementation of electronic on-board recorders to streamline and automate the Hours of Service reporting process. But the Hours of Service regulations are not exactly safe themselves

The American Trucking Associations announced on Tuesday, February 14, that it has filed a petition with the U.S. Circuit Court of Appeals in Washington, D.C., asking the court to throw out the latest revisions to the HOS rules.

Land Line Magazine notes that the changes to the rules were relatively minor, with changes to the requirements for the 34-hour restart provision and a new rule mandating at least 30 minutes of rest after eight consecutive hours of driving.

The news source also notes that the ATA cites no specific complaints about the rules themselves. Instead, the industry group mostly complained that the process the FMCSA used to develop the new rules failed to meet the standards laid out for the agency.

"We regret that FMCSA and the Obama administration have put ATA and its member companies in a position to take this legal action," ATA president and CEO Bill Graves said in a statement. "The law is clear about what steps FMCSA must undertake to change the rules and we cannot allow this rulemaking, which was fueled by changed assumptions and analyses that do not meet the required legal standards, to remain unchallenged."

Land Line notes that there have been a variety of challenges to the HOS rules from the trucking industry over the past 17 years since it was approved by Congress. The most recent of these only ended last month.

Nevertheless, The Trucker News Services suggests that the latest bout between the FMCSA and the trucking industry is likely to drag on over the coming months.

So far legal challenges to the HOS rules have not proven particularly successful, but the ATA seems confident it can at least make a solid showing with this new case.

"We would not have sued if we did not think we have a strong case," ATA spokesperson Sean McNally told Fleet Owner when asked about their chances of the winning the case.

But McNally also noted that he had not heard any indication that the ATA would be receiving any support from other members of the trucking community, so for the time being the group stands alone. One executive from the Truck Carriers Association explained that his group was unlikely to address the issue until its annual conference in early March.

Still plenty of different groups have found something to grouse about in the new rules. Some safety groups could join attempts to overturn the rules because the FMCSA chose to maintain a limit of 11 hours of driving time. Todd Spencer, executive director of the Owner Operator Independent Drivers Association, seemed to agree the process was flawed at best.

"Some of these provisions defy logic," Spencer told Fleet Owner. "They seem to be about limiting driving hours and are not supported by the science we would look at."

The ATA pointed out that it remains willing to support efforts to improve safety on the road as well as driver compliance with current regulations. But the group insists that further restrictions on HOS simply is not the best way to improve safety in the trucking industry, with issues of speed representing a much larger threat to safety.

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