ATA Statement on Filing of Motion in HOS Case
TA filed a motion with the United States Court of Appeals for the D.C. Circuit Aug. 30 asking it for an indefinite stay of the effective date of its decision overturning the current hours-of-service regulations. The Federal Motor Carrier Safety Administration filed a similar stay request on the same date.
If granted, the stay would keep the current rules in effect while the FMCSA addresses the court's concerns with the new rules in a further rulemaking proceeding. If denied, the old HOS rules could come back into place almost immediately.
In its motion, joined by the Truckload Carriers Association, ATA explained going back to the old rules would install a regulatory regime that is demonstrably less safe than the current HOS regulations and would needlessly cost the trucking industry hundreds of millions of dollars. ATA further explained an instantaneous transition back was practically impossible and would cause rampant confusion and dislocation that would adversely impact highway safety.
The Commercial Vehicle Safety Alliance filed a request to submit an amicus brief supporting the granting of the stay. On behalf of the nation's law enforcement community, CVSA told the court that transitioning back to the old HOS rules would impose significant costs on law enforcement agencies and would create confusion that would result in a weakening of effective highway safety enforcement.
Public Citizen will be given an opportunity to respond to the motions. The Court of Appeals is expected to act quickly after all pleadings are filed.
