The Long and Lonely Road: The Saga of the Recent Amendments to the Hours of Service Regulations

The author argues that while trying to change hours of service (HOS) rules, the Federal Motor Carrier Safety Administration (FMCSA) has made numerous missteps. Along with many public interest groups, Congress has, for a great number of years, pushed for revisions. Although they would like to increase safety, trucking companies and industry groups worry about privacy issues and costs. There is a lack of agreement about rules and technology needed to best accomplish agency safety goals between all parties. The agency has lost in court because it has not conformed to Administrative Procedures Act (APA) procedures. The Court of Appeals for the D.C. Circuit ruled on 2005 HOS regulation challenges in July 2007. That FMCSA violated APA provision by failing to allow comment on the proposed rules by interested parties and FMCSA did not explain change reasons and methodology were held by the court. FMCSA believed that the court did not find against the agency with substantive regulation changes, but did for procedural problems with the announced HOS regulation changes. In December 2007, therefore, an interim final rule was issued by FMCSA to adopt the 2005 HOS regulations. Comments from interested parties were requested by FMCSA until February 15, 2008, with an announcement that sometime later in 2008 a final rule will be issued. HOS regulation changes may finalize in 2008, but the agency can expect future litigation if the 2007 proposed electronic on-board recorders become final rules.

• Availability:
  • Find a library where document is available. Order URL: http://worldcat.org/oclc/1767710
• Authors:
  • Spain, Catherine
• Publication Date: 2008

Language

• English

Media Info

• Media Type: Print
• Features: References;
• Pagination: pp 47-65
• Serial:
  • Transportation Law Journal
  • Volume: 35
  • Issue Number: 1
  • Publisher: University of Denver College of Law
  • ISSN: 0049-450X
  • Serial URL: https://www.law.du.edu/transportation-law-journal

Subject/Index Terms

• TRT Terms: Amendments; Costs; Courts; Hours of labor; Policy, legislation and regulation; Privacy; Safety; Technology; Trucking
• Identifier Terms: Administrative Procedures Act; Hours of Service Act; U.S. Federal Motor Carrier Safety Administration
• Subject Areas: Administration and Management; Finance; Freight Transportation; Highways; Law; Motor Carriers; Safety and Human Factors; I10: Economics and Administration;

Filing Info

• Accession Number: 01103613
• Record Type: Publication
• Files: TRIS
• Created Date: Jun 25 2008 9:25AM