BREAKING NEWS: FMCSA apparently to reconsider HOS rule from scratch

A Notice of Proposed Rulemaking must be issued within nine months.

The Trucker Staff

10/27/2009

WASHINGTON — The Federal Motor Carrier Safety Administration, in response to a lawsuit concerning the Hours of Service regulations, has in essence agreed to review the 2008 HOS rule from scratch and issue a new Final Rule in less than two years.

In light of the decision to reconsider the rule, the petitioners who brought the suit, Public Citizen, et al., and FMCSA have entered into a settlement agreement that will put the case in abeyance pending the issuance of a Notice of Proposed Rulemaking, which the FMCSA must submit to the Office of Management and Budget for review within nine months of the settlement (Oct. 26, 2009) and the publishing of a Final Rule within 21 months of the date of settlement.

"We are pleased that the government has decided to take seriously its responsibility to protect truck drivers and the public from unsafe driving conditions instead of bending to the interests of the trucking industry," said Greg Beck, the Public Citizen lawyer handling the case.

The Department of Transportation was preparing a statement this morning. Details will be posted as they become available during the day.

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