FMCSA Issues
Interim Final Rule on
Hours of Service for Truck Drivers
(Effective December 27, 2007)
The Federal Motor Carrier Safety Administration has issued an interim
final rule, effective December 27, 2007, which will keep in place the current
Hours of Service (HOS) limits for property-carrying commercial motor vehicle
(truck) drivers after a court stay expires on the same date.
Interim Final Rule Keeps HOS Limits in Place
Truck drivers will continue to be limited to driving only 11 hours
within a 14-hour, non-extendable window from the start of the work day,
following 10 consecutive hours off duty (11-hour limit).
Motor carriers and drivers will be allowed to restart calculations of
the weekly on-duty time limits after the driver has at least 34 consecutive
hours off duty (34-hour restart).
(Although the 11-hour limit and 34-hour restart provisions of the 2005
FMCSA final rule were vacated by the U.S. Court of Appeals for the District of
Columbia Circuit on July 24, 2007, the Court stayed its decision for 90 days
until December 27, 2007.)
FMCSA Expects to Issue Final Rule Addressing Court’s Decision in 2008
According to the FMCSA, the interim final rule will ensure that a
familiar and uniform set of national rules governs motor carrier
transportation, while the FMCSA gathers public comments on all aspects of the
interim final rule, conducts peer review of FMCSA’s analysis, and considers the
appropriate final rule that addresses the issues identified by the Court. FMCSA
states that it is fully committed to issuing a final rule in 2008.
(See future issue of ITT for details of interim final rule.
See ITT’s Online Archives or 08/09/07 news, (Ref: 07080930), for BP
summary of Court’s decision vacating key aspects of the 2005 FMCSA final rule
on HOS. See ITT’s Online Archives or 08/30/05 news, (Ref: 05083015), for BP
summary of 2005 FMCSA final rule.
See ITT's Online Archives or 05/06/03 news, (Ref: 03050620), for BP
summary of the FMCSA’s 2003 final rule on HOS, which was also vacated by this
Court. See ITT's Online Archives or 07/20/04 news, (Ref: 04072005), for BP
summary of the Court's ruling vacating the 2003 final rule on HOS.)
FMCSA contact - Thomas Yager
(202) 366-4325
FMCSA press release on interim final rule (dated 12/11/07) available at http://www.fmcsa.dot.gov/about/news/news-releases/2007/121107.htm
FMCSA agency version of interim final rule available at http://www.fmcsa.dot.gov/about/news/news-releases/2007/hos.pdf
Published in ITT on December 12, 2007 | [Ref: 07121205] |
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