No Change in HOS Yet

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FMCSA seeks stay of current hours rule

The Federal Motor Carrier Safety Administration asked a federal appeals court Aug. 30 to keep the current hours-of-service regulations in place for at least six months – and probably considerably longer — while the agency works to address the court’s concerns.

No surprise here. The new hours are better then the old 10-8. Until they come up with something else, nothing changes.

In a related action, FMCSA said that on Sept. 1 it will publish an advance notice of proposed rulemaking seeking information from interested parties regarding the costs and benefits of electronic onboard recorders (EOBRs).

Told you so. It’s just a matter of time.

“The enforcement community and the trucking industry would, virtually overnight, be required to alter policies and procedures and retrain employees, in the face of uncertain standards,” the agency said in its motion for a stay. “In light of recent (albeit preliminary) data suggesting that accident rates have decreased during the first six months in which the existing rule has been in effect, a stay of the mandate will not compromise safety.”

Wait, did they just say? “…accident rates have decreased during the first six months in which the existing rule has been in effect“. Imagine that. Too bad the Group of the Insane isn’t concerned about safety.

FMCSA said a stay of six months “at the very least” would allow FMCSA to make an informed judgment, after receiving more information, as to the length of time that might be required to issue a new or revised rule. The agency said that at the end of the six-month period it would make a motion to the court on how to proceed.

We’re back to the drawing board. This is the same dog and pony show they went through to come up with the rules they have now!

The article never did say whether the court approved the stay or not. They’ve got to. We can’t go back to the old hours after all this, it would be a nightmare for drivers, companies and enforcement.

Originally posted 2004-09-01 03:00:00.

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