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Case against 2008 HOS rule officially closed

While the case against the 2008 HOS rule is closed, the petitioners could still file suit against the most recent rule. (The Trucker: DOROTHY COX)

The Trucker Staff

1/26/2012

WASHINGTON — The lawsuit that resulted in the most recent new final rule on Hours of Service has officially been closed.

All parties involved in the case — petitioners Public Citizen et al; respondent Federal Motor Carrier Safety Administration; William B. Trescott, an intervenor for the petitioners, and the American Trucking Associations, an intervenor for the respondent — on Jan. 23 filed a joint motion to dismiss the case, which was granted by the United States Court of Appeals for the District of Columbia.

The case was the third against an Hours of Service rule brought by the petitioner group.

The first two cases resulted in the court overturning the rule in place at that time.

In both cases, the FMCSA tweaked the rule in question and issued a new final rule, which resulted in the second and third lawsuits.

The third lawsuit resulted in a settlement agreement on Oct. 26, 2009, when the FMCSA agreed to “review and reconsider the 2008 rule.”

The FMCSA issued the new final rule Dec. 22, 2011.

Court documents noted that the new rule superseded the rule at issue in the third case and because the rule no longer exists, the parties agreed that the case should be dismissed with each party responsible for its own costs.

Despite the fact that the case has been officially settled, the petitioners could still file suit against the rule issued in December.

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The new rule retained the 11-hour daily driving limit, which the petitioners had hoped would be changed to 10 hours.

Days after the new rule was issued, Henry Jasny, vice president and general counsel for Advocates for Highway and Auto Safety, one of the petitioners, told The Trucker that filing a new lawsuit was “certainly” an option.

The Trucker staff can be reached to comment on this article at editor@thetrucker.com.

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