ATA: Interim Final Rule ‘fully consistent’ with court orders

Drivers are still using the 2005 Hours of Service regulations which the court vacated until something new can be written and approved.

By BARB KAMPBELL
The Trucker Staff

1/16/2008

In response to a petition filed by Public Citizen and others Dec. 19, 2007, which asked the court to vacate the Interim Final Rule (IFR) published by the Federal Motor Carrier Safety Administration earlier that month, the American Trucking Associations has filed a petition in support of the Interim Final Rule.

ATA's Jan. 7 response argues that, "FMCSA's issuance of an IFR that temporarily imposes an 11-hour daily driving limit and 34-hour restart pending the completion of a new permanent final rule is fully consistent with this court's orders, and petitioners' argument that there was not good cause for the issuance of the IFR without advance notice and comment should be rejected."

The response is to the motion filed by Public Citizen, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, Advocates for Highway and Auto Safety, and International Brotherhood of Teamsters. Those petitioners asked the court to uphold its September 28, 2007, order for a 90-day stay of the 11-hour daily driving limit and the 34-hour restart provisions of the FMCSA 2005 HOS regulations.

Jointly filing with ATA on Jan. 7 was: NASSTRAC Inc.; Health and Personal Care Logistics Conference Inc.; United Parcel Service Inc.; and the National Industrial Transportation League.

FMCSA has promised to issue a new rule sometime this year.

The court may rule on the most recent filings at any time.