Federal Court Sides with ATA on Break Provision, but Leaves HOS Mostly In Tact

FOR IMMEDIATE RELEASE 
Contact: Sean McNally
703-838-1995

August 2, 2013

Federal Court Sides with ATA on Break Provision, but Leaves HOS Mostly In Tact

Arlington, Va. – Today, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited ruling on American Trucking Associations’ challenge to the most recent revisions in the hours-of-service rules; striking down a provision requiring short-haul drivers to take 30-minute off-duty break, but leaving the bulk of the rule unchanged.
“While we are disappointed the Court chose to give unlimited deference to the Federal Motor Carrier Safety Administration’s agenda-driving rulemaking, the striking down of the short-haul break provision is an important victory,” said Dave Osiecki, ATA senior vice president of policy and regulatory affairs.

While the 30-minute, off-duty break requirement for short-haul drivers was vacated, the Court upheld the new limitations on the use of the restart, and the requirement that the 30-minute driving break be free of all on-duty activity, despite agreeing with ATA that the FMCSA’s justification for the rule had serious flaws.

Even though the Court identified several of these flaws, it declined to “second guess” the agency’s methodologies and interpretations of the evidence, instead taking a “highly deferential” approach to the agency’s presumed expertise, concluding that “FMCSA won the day not through the strengths of its rulemaking prowess,” but rather through “an artless war of attrition.”

Further, the Court found no merit in the challenge of the coalition of interest groups that have repeatedly fought to make a working regulation more restrictive, correctly concluding it “would have been unreasonable and unfounded on the record” to reduce the driving day from 11 to 10 hours. The Court also summarily rejected the groups’ call to eliminate the restart altogether.

“The court recognized on numerous occasions the shortcomings of the agency’s deliberations, so despite upholding most of the rule, we hope this opinion will serve as a warning to FMCSA not to rely on similarly unsubstantiated rulemakings in the future,” Osiecki said. “One thing this rulemaking makes clear is that fatigue is a small problem when viewed through a crash causation lens. ATA hopes FMCSA will work with the trucking industry to address more pressing safety and driver behavior issues, including those than can be directly affected through proven traffic enforcement activities aimed at unsafe operating behaviors.”

American Trucking Associations is the largest national trade association for the trucking industry. Through a federation of 50 affiliated state trucking associations and industry-related conferences and councils, ATA is the voice of the industry America depends on most to move our nation’s freight. Follow ATA on Twitter or on Facebook. Good stuff. Trucks Bring It!

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