First step taken on hours-of-service rollback?

Assuming the court grants the abeyance, during the next two months Biden’s FMCSA, headed now by Acting Administrator Meera Joshi and under the direction of DOT Secretary Pete Buttigieg, could decide that FMCSA will not defend the lawsuit and issue a new petition – which could lead to an eventual rollback of the current rules, according to a source familiar with the lawsuit.

Based on responses to lawmakers during questioning at his confirmation hearing, Buttigieg could be open to such a change.

“I’d want to look more into some of the specific case law that you’re discussing, but certainly recognizing the importance of consistency and predictability,” Buttigieg said when asked about federal preemption of HOS regulations in the case of meal and rest breaks. “The key of course is squaring that with the fundamental mission of safety.”

Major trucking groups, which had supported the years-long rulemaking process that led to the more flexible rules, have been bracing for a potential change in course with the new administration.

The Owner-Operator Independent Drivers Association (OOIDA), which intervened in the lawsuit in favor of keeping the new rules in place, stated in their petition that changes “have significantly and positively impacted the interests of OOIDA’s members. OOIDA members would be impacted directly by an order granting the relief petitioners seek in this challenge.”

Related articles:

• Safety groups, Teamsters challenge HOS final rule in federal court
• FMCSA looking into petition to delay HOS rule changes
• FMCSA issues final driver HOS rule

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