Court Grants FMCSA Extension on HOS Logbook Rule

EOBR Requirements Forthcoming, Agency Says

A federal appeals court granted the Federal Motor Carrier Safety Administration an extension on its proposal for hours-of-service documents until Jan. 31.

FMCSA said it would propose new requirements regarding the use of electronic onboard recorders in the same proposal. That court granted FMCSA’s request on Dec. 23, extending a previously set deadline by one month.

The U.S. Court of Appeals for the District of Columbia told FMCSA in late September it must issue a proposal by Dec. 30 spelling out what documents fleets need to retain to verify drivers’ HOS logbooks.

The rule, which FMCSA has tied to an expanded EOBR mandate, had been scheduled for publication in the Federal Register in January, according to the U.S. Department of Transportation, which FMCSA is a part of.



FMCSA said in a Dec. 22 filing that it had sent the notice of proposed rulemaking to the White House Office of Management and Budget for review in late November.

“The OMB approval process is ongoing and the agency anticipates that this process will be completed within the next 30 days,” FMCSA said.

The court had compelled FMCSA to issue the proposal regarding supporting documents due to an American Trucking Associations lawsuit earlier this year. ATA said that FMCSA was mandated to issue a rule under a 1994 law.

FMCSA said in its Dec. 22 filing that that ATA had consented to its extension. The court noted in its order that the request was “unopposed.”