Trucking Association Seeks Review of New FMCSA Rules

By Grant Law Office on February 29, 2012

The American Trucking Association (ATA) recently asked a federal court to review the new hours of service (HOS) rules passed recently by the U.S. Federal Motor Carrier Safety Administration (FMCSA).

The new rules restrict the total number of hours drivers can work. Previously, drivers were allowed to drive 11 hours per day and to be on duty for a total of 14 hours. They could not drive more than 80 hours in 7 days, and were expected to rest for at least 34 hours before starting a new “countdown.”

The new rules leave the 11-hour and 14-hour requirements in place, but limit the total hours to 72 in 7 days, with a 34-hour rest period in which drivers are required to sleep between 11 p.m. and 5 a.m. Drivers are also required to take half-hour breaks at least once every 8 hours.

The ATA’s brief asks the Circuit Court of Appeals for the D.C. Circuit to review the rules to determine if they are “arbitrary and capricious.” The ATA argues that they are, and that the new limits are not based on any scientific or factual basis. The FMCSA, however, disagrees, saying the new rules are based on the latest research into human sleep patterns and preventing truck driver fatigue – a key source of truck and bus accidents.

Truck accidents can cause serious injuries. When a large truck collides with a small car, those in the small car often suffer the worst of the damage. The experienced Atlanta truck accident attorneys at The Law Offices of Wayne Grant, P.C. have the legal resources and courtroom experience to help injured drivers. To learn more, call us today at (404) 995-3955 for a free and confidential case evaluation.