On July 16, 2004, the United States Court of Appeals for the District of Columbia Circuit issued a decision that threw out the new hours-of-service (HOS) regulations put into place in January 2004 by the Federal Motor Carrier Safety Administration (FMCSA). The FMCSA requested and was granted a 45-day stay, while they reviewed the court’s decision.
On August 30, 2004, the FMCSA requested that the current hours-of-service remain in place for at least six months while they address the federal appeals court’s concerns. The agency said that forcing the truckers to return to the old rule would result “in significant confusion and substantially hamper enforcement” of the hours-of-service rule. They went on to say that, “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.”
AEMCA will keep you updated on the federal appeals court’s decision.
Click here for Annette Sandberg's statement on FMCSA's request to continue the stay.
Click here to view FMCSA Administrator Annette M. Sandberg's statement regarding the U.S. Court of Appeals decision.
Click here to download a complete copy of the United States Court of Appeals decision. Warning: The file is 22 pages long and may take a while to download.
If you have questions, please feel free to contact Fiona Morgan at 703.361.5208 or fiona@aemca.org.
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