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BREAKING NEWS: U.S. Court of Appeals upholds HOS almost entirely

However, the court disagreed with the part of HOS that said the 30-minute off-duty break requirement should apply across the board to include short-haul truck drivers and said it would “vacate the rule insofar as it subjects short-haul drivers to the 30-minute off-duty break requirements.”

The Trucker Staff

8/2/2013

WASHINGTON — The U.S. Court of Appeals for the District of Columbia Circuit has upheld, for the most part, the federal government’s Hours of Service rule.

The decision, made public this morning, said the Federal Motor Carrier Safety Administration (FMCSA) “won the day, not on the strengths of its rulemaking prowess, but through an artless war of attrition … .”

So, the court continued, “ … the controversies of this round [of lawsuits] are ended.”

However, the court disagreed with the part of HOS that said the 30-minute off-duty break requirement should apply across the board to include short-haul truck drivers (those who drive less than 150 air miles from their home terminal) and said it would “vacate the rule insofar as it subjects short-haul drivers to the 30-minute off-duty break requirements.”

In all other respects it denied the petitions of both the American Trucking Associations and Public Citizen.

Stay tuned to learn more about the decision and the industry’s reaction to it. Click here to see the decision: http://www.cadc.uscourts.gov/internet/opinions.nsf/D6BADB06E71C018F85257BBB004DEFAD/$file/12-1092-1449738.pdf

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

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