American Trucking Associations asked a federal appeals court on Tuesday to review the Federal Motor Carrier Safety Administration’s recently published hours-of-service rule, citing “changed assumptions” by the agency that went into developing the rule.
“We regret that FMCSA and the Obama administration have put ATA and its member companies in a position to take this legal action,” ATA President Bill Graves said in a statement.
The HOS rule, released in late December, reduces total driver hours to 70 from 82 per week and requires a 34-hour rest period before drivers start a new workweek.
ATA has objected in recent weeks to the 34-hour restart provision and a requirement that drivers take a break no later than eight hours into their driving time.
“The law is clear about what steps FMCSA must undertake to change the rules and we cannot allow this rulemaking, which was fueled by changed assumptions and analyses that do not meet the required legal standards, to remain unchallenged,” Graves said.
After the HOS rule was released, several analysts said they expected lawsuits from the trucking industry and/or public safety groups.
FMCSA was sued in 2003, 2006 and 1109 for allowing 11-hour driving shifts, Bloomberg reported. The third suit was settled with an agreement that the agency would redo the rule.
ATA said it would “continue to work with FMCSA to implement rules and programs that are based on sound research,” including a mandate for electronic onboard recorders.
The trucking group also said it supports a new government requirement for large trucks to be electronically speed limited and a national maximum speed limit of 65 mph for all vehicles.
