FMCSA Proposes Rule to Amend Hours-of-Service Regulations Vacated by Court of Appeals
The Federal Motor Carrier Safety Administration (FMCSA) has issued a proposed rule in order to review and reconsider its 2003 hours-of-service (HOS) final rule concerning drivers and operators of property-carrying commercial motor vehicles (CMVs). This final rule, issued in April 2003 and amended in September 2003, was vacated by the U.S. Court of Appeals for the District of Columbia Circuit (Court of Appeals) in July 2004.
Sign up for a free preview to unlock the rest of this article
Timely, relevant coverage of court proceedings and agency rulings involving tariffs, classification, valuation, origin and antidumping and countervailing duties. Each day, Trade Law Daily subscribers receive a daily headline email, in-depth PDF edition and access to all relevant documents via our trade law source document library and website.
Public comments on this proposed rule are due by March 10, 2005.
Subscribers should note that although the Court of Appeals vacated this final rule, Congress provided that it will remain in effect until the effective date of a new final rule addressing the issues raised by the Court of Appeals or September 30, 2005, whichever comes first. (See BP Note below.)
FMCSA Seeks Input on What Changes Should be Made to 2003 Final Rule
The FMCSA is publishing this proposed rule concurrently with its ongoing research and analysis of the issues raised by the Court of Appeals. In order to facilitate discussion, FMCSA is putting forward the 2003 final rule as the "proposal" on which public comments are sought.
According to the FMCSA, this proposed rule deals with the HOS of drivers and is based primarily on the requirements of 49 USC 31136(a)(2) and (a)(4), and secondarily on 49 USC 31136(a)(1) and (a)(3).
The FMCSA asks that the public comment on what changes to the final rule, if any, are necessary to respond to the concerns raised by the Court of Appeals, and to provide data or studies that would support changes to, or continued use of, the 2003 final rule.
Highlights of Questions Raised by FMCSA With Regard to HOS Regulations
The FMCSA's proposed rule includes specific information on a variety of topics and outlines aspects of the final rule with which the Court of Appeals found fault.
The FMCSA's proposed rule also raises the following questions for public comment (partial list):
Does the 2003 final rule achieve the goal of ensuring that driving requirements and other employment obligations imposed on CMV drivers do not impair their ability to operate vehicles safely? FMCSA specifically seeks comments on whether the following three requirements achieve this goal: (1) drivers must take 10 consecutive hours off duty before driving a CMV, (2) drivers must limit driving time after 10 hours off duty to 11 hours, and (3) driving is prohibited after the 14th hour after coming on duty following 10 hours off duty.
Do the three above-listed requirements minimize the deleterious effects of sleep deprivation and cumulative fatigue on the physical condition of CMV drivers, and thus reduce the risk of fatigue-related accidents?
(See ITT's Online Archives or 05/06/03 and 10/03/03 news, 03050620 and 03100399 4, for BP summaries of the April 2003 final rule and the September 2003 technical corrections, respectively.
See ITT's Online Archives or 07/20/04 news, 04072005, for BP summary of the Court of Appeals decision to vacate the final rule.)
FMCSA Contact - Tom Yager (202) 366-1425
FMCSA Proposed Rule (D/N FMCSA-2004-19608; formerly FMCSA-1997-2350, FR Pub 01/24/05) available athttp://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-1248.pdf
BP Note
Background information on final rule.In April 2003, the FMCSA issued a final rule which revised its motor carrier and motor vehicle driver regulations concerning HOS operations in order to require motor carriers of property to provide drivers with better opportunities to obtain sleep, and thereby reduce the incidence of crashes attributed in whole or in party to drowsy, tired, or fatigued drivers operating CMVs. In September 2003, the FMCSA issued a second final rule to correct certain inadvertent errors and omissions contained in the April 2003 final rule. FMCSA states that the amendments contained in the September 2003 final rule do not make substantive changes.
Court of Appeals ruling. The FMCSA's final rule went into effect on January 4, 2004. However, in July 2004, these regulations were vacated when the Court of Appeals ruled in Public Citizen, et. al. v. FMCSA that the final rule was arbitrary and capricious because the FMCSA failed to consider the impact of the final rule on the health of drivers.
New law provides for final rule to temporarily remain in effect. Despite the Court of Appeals' ruling, the Surface Transportation Extension Act of 2004 (Part V) subsequently provided that the 2003 regulations will remain in effect until the effective date of a new final rule addressing the issues raised by the Court of Appeals or September 30, 2005, whichever comes first.