November 12, 2020 2:15 PM, EST

OOIDA Granted Motion for Leave to Intervene in HOS Case

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The U.S. Court of Appeals for the District of Columbia Circuit has granted the Owner-Operator Independent Drivers Association’s motion for leave to intervene in the court case about the updated federal hours-of-service regulations.

The petitioners in the ongoing court case are the Advocates for Highway and Auto Safety, the Teamsters union, Citizens for Reliable and Safe Highways and Parents Against Tired Truckers. The groups have expressed concern that the increased flexibility made possible by the final HOS rule will exacerbate the issue of driver fatigue.

The respondents include the Federal Motor Carrier Safety Administration and the U.S. Department of Transportation.

Hos Motion Ooida by Transport Topics

A motion to intervene is filed when an entity wants to become a party to a legal proceeding. The intervenor claims an interest relating to the subject matter of the suit. OOIDA’s motion was filed in support of the respondents.

The court order, filed Nov. 10, noted that a schedule for the filing of briefs by intervenors will be established by a future order. “That order will automatically provide briefing only for intervenors on the side of respondents,” the court document states.

FMCSA’s final rule, announced by Transportation Secretary Elaine Chao and FMCSA’s former acting Administrator Jim Mullen on May 14, includes four revisions that pertain to issues truckers have voiced concerns about, such as the 30-minute rest break and splitting up time in the sleeper berth. The final rule took effect Sept. 29, but the court challenges continue.


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Filed Oct. 16, OOIDA’s motion for leave to intervene notes that the changes to the HOS regulations have positively affected the interests of OOIDA’s members. OOIDA has long advocated for increased flexibility in terms of hours of service.

“The hours-of-service rules directly impact OOIDA’s members,” the motion for leave to intervene document filed Oct. 16 states. “It governs the management of their businesses, controls their working conditions and affects their daily lives.”

“We petitioned the agency to change the hours-of-service rules,” Norita Taylor, OOIDA’s director of public relations, told Transport Topics. “Drivers need more flexibility and the new rules provide some of that. So of course we’re going to weigh in on any litigation that seeks to undermine or reverse those rules.”

On Sept. 16, the petitioners, represented by the safety organizations and the Teamsters, filed a petition in federal court challenging the final rule on changes to HOS regulations.

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