Democrats Question FMCSA's 'Soft Enforcement' on HOS
wo senators and two congressmen — all Democrats — sent a letter to Transportation Secretary Norman Mineta Monday expressing their concern over a “soft enforcement period” of the Federal Motor Carrier Safety Administration’s new hours-of-service rules for truck drivers.
The letter, dated last Wednesday but transmitted Monday, said that the group had “serious concerns about the enforcement guidance that [FMCSA] provided to states” on Aug. 26 regarding implementation of the revised regulations.
American Trucking Associations President Bill Graves Thursday sent letters to state governors asking them to follow FMCSA’s lead on soft enforcement for the first three months of the new regulation’s enactment. (Click here for previous coverage.)
It states that FMCSA’s guidance on soft enforcement appears to run counter to previous agency guidance when the rule first took effect in January 2004. FMCSA is part of DOT.
“Given that the sleeper berth and short-haul provisions were the only significant changes from the previous HOS rule, we find it curious and troubling that the FMCSA does not intend to vigorously enforce the unchanged HOS requirements with which the motor carrier industry should already by well-acquainted,” the letter stated.
FMCSA has generally accepted a 3-month transition period, from Oct. 1 through Dec. 31, which would give the trucking industry and state law enforcement officials time to adjust to the new rules.
The agency has released a memo stating it will delay enforcement until the end of the year, except in egregious conditions, and has encouraged states to do likewise.
