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Safety groups, Teamsters challenge HOS final rule in federal court

Lawsuit will not prevent HOS rules from going into effect on Sept. 29.

HOS are scheduled to go into effect Sept. 29. (Photo: Jim Allen/FreightWaves)

Three safety groups and the International Brotherhood of Teamsters are suing the Federal Motor Carrier Safety Administration (FMCSA) in federal court in an effort to rollback changes made to driver hours-of-service rules scheduled to go into effect on Sept. 29.

Advocates for Highway and Auto Safety, Parents Against Tired Truckers (PATT), Citizens for Reliable and Safe Highways (CRASH), and the Teamsters filed the petition Wednesday with the U.S. Court of Appeals for the District of Columbia Circuit. The petition notes that the FMCSA in August denied the group’s petition for reconsideration.

The filing will not prevent the HOS rule changes from going into effect, according to Adina Rosenbaum, a lawyer with Public Citizen, the advocacy group representing the petitioners. “Instead, when the case is over and if we succeed in our challenge, we’ll be asking the court to set aside the rule. At that point it would no longer be in effect,” Rosenbaum told FreightWaves.

The changes to HOS rules, which were finalized by FMCSA on June 1, “will further exacerbate the already well-known threat of fatigue among commercial motor vehicle (CMV) drivers by significantly weakening current HOS rules,” the petitioners asserted in a press statement.


“Specifically, provisions that ensured drivers receive a brief 30-minute break after being on duty for eight hours and that govern the operations of drivers who start and return to the same location and remain within a defined geographic area known as ‘short haul’ operations were significantly altered.”

They point out that in proposing the revisions, FMCSA “contradicted its own prior conclusions on these very issues and failed to undertake a proper analysis of the impacts the rule will have on truck drivers and the motoring public.”

35 Comments

  1. Jesse

    Everybody from receivers to shippers, brokers and big trucking companies treat truck drivers really bad. They are under paid and expected to work hard. Speaking about calif they take as much money from a trucker as legally allowed and each year it goes up or they find another way to take the money so it stays legal. Point is why Is It ok for a truck driver to work and live in a truck for weeks at a time and not get paid for their time spent at shippers or recievers who speaks up for the hard working drivers maybe if they seen some light at the end of the tunnel in hopes of supporting their family maybe then some would stay awake with a smile and not so depressed or stressed out both of these problems create fatigue being treated bad creates fatigue the list goes on but nobody cares about that. I wish another jimmy hoffa would emerge that’s what it is going to take because nobody else cares. Some companies are offering a 10,000 dollar sign on bonus, well guess what! If a driver is lucky he may hang in there long enough to see some of that 10,000 maybe 500 or 800 because they will work a driver til he quits the number 10,000 is just a bargaining chip to these companies it will take a driver 10 yrs of slave labor to collect 10,000 dollars from these companies nobody is going to give away 10,000 dollars for free just to sign up to work for them unless they been drinking then they will come back in the morning trying to get it back. Thank god the don’t use that logo travel America see the country, your lucky if you see a deer it would be stuck to your bumper after you hit it trying to get to the receiver I won’t even start on the brokers they really believe that they are the smartest people they know✌️

  2. Barney Valenzuela

    Go back how it was a long time ago. As long as you show 8 hours in the sleeper (any combination you desire) in a 24 hours period then you are good. Stop dicking the truck drivers around dumb ass BOZO’S ain’t never gone cross country Jive Turkey. And you know who you are.

  3. Mike warner

    As a local delivery driver taking the 30 minute break increases fatigue dramatically i need to keep moving to stay awake once i rest thats when i get tired
    Law makers should get off their asses and do the job before telling others how to do it

  4. Road Runner

    I just LOVE when people who don’t know how to do my job make rules regulating it. Regulate shippers and receivers! They cause more fatigued drivers than anything! They will keep you in their docks for 6-8 hours or longer, but if you’re 10 minutes late, they fine you or make you reschedule. Since they’re the ones who set appointments, make them pay $250 per hour after 2 hours on their property. Then you’ll see real change!

    1. Barney Valenzuela

      Many times they stall and screw with the drivers out of boredom. It’s not unusual for them to keep you overnight. It will not change till someone smart hits them with a criminal malicious mischief and criminal negligence law suit. But no one has thus far.

  5. John Prochazka

    I’ agree with the FMCSA changes. I’ve been an over the road Truck Driver for six years and I think the changes are a good way for Truckers to rest when they need too! I think the advocacy groups that are against the changes have an alterior motive!

  6. Robert Cummons

    Every driver has different test requirements! Also with today’s speed limits the new 150 air mile radius for local drivers is a good fit ! They are not raising the 60 hours in 7 days or the 70 hours in 8 days so what is the big deal! What they need to do is regulate these truck driving schools that teach people to pass the test not how to make it out in the real world!

  7. Larry E Kline

    I dont see what the problem is with HOS, I been driving since 1988 7.5 million miles, no tickets or violations one accident that wasnt my fault and wasnt charged cause by 4 wheeler, I make better money now than I ever had in trucking with the rules as is and I also get very good sleep vs driving 3 or 4 days straight being told to get rid of the log book and get a new one. I am a o/o and the only change in the rules i see needing changed 14hr rule to a 16 hr day due to sometime you get held up at a customer. How about let’s stop blaming the ELD’s and lets look at quality of drivers and the lack of knowledge, the fact is if you put 50 drivers in a room 9 time out of 10 20 of the 50 would be disqualified..I was a trainer for 20 yrs I quit training because of the rule that really needs to be enforced and isn’t MUST BE ABLE TO READ WRITE AND SPEAK ENGLISH LANGUAGE,,,,, how about let’s begin here,maybe we would see less accidents, you pull up to truckstop guy gets out truck with shower shoes and flip flops ..lets start here, lets get the bad off the road before we change something that doesn’t need changing , less bring our brother hood back ..lets pass a law that every driver must have a cb radio best safety equipment ever made.. I see the stupidest crap out here ..dont blane logs for time schedule your the captain of your ship if load dont work for your hours , it’s aga6 the law for someone to push it on you..you tell the brokers when it will be there and picked up..need to get control of this issues ..make me sick to see out industry going to crap and you have temster stepping in to make a change to benefit just them…otr drivers are who moves the country try not your short haul guys …fmcsa needs to stop the teamster and the industry need to take a stand against these people..thank you drivers for all you do rock on..

    1. Elmer stamm

      I said it before all jobs are different and with that the 14 hour clock does not set with the different hauling jobs . this may still need to be tweck a little . all truck driving is not the same so flexibility IS whats needed . As a short haller we should not have to race the clock this is more dangerous then the 14 hour rule.
      To help stop fatigue maybe make a law if you work days work days if you work nights work nights DONT DO BOTH!
      A lot of Dispatcher do this to drivers and is not right. ALSO STOP FORCD DISPATCH
      NO DRIVER SHOULD BE FORCED. THEY SHOULD HAVE THE RIGHT TO SAY NO ON A LOAD WITH OUT THREAT OR RIGHT-UP OR LOST JOB. FOR EVERY JOB FIT YHE COMPUTER TO WORK WITH YOUR JOB .
      THE COMPUTER IS ONE SIZE FITES ALL.
      I MYSELF BELIVE TO GET RIDE OF ELDS WOULD BE THE BEST THING .

Comments are closed.

John Gallagher

Based in Washington, D.C., John specializes in regulation and legislation affecting all sectors of freight transportation. He has covered rail, trucking and maritime issues since 1993 for a variety of publications based in the U.S. and the U.K. John began business reporting in 1993 at Broadcasting & Cable Magazine. He graduated from Florida State University majoring in English and business.