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Release Date 8/20/2007

	Contact:
	Brian Everett, Executive Director 952/442-8850 ext. 201

	NASSTRAC Supports Stay in Hours of Service Ruling

	Shipper groups such as NASSTRAC, as well as carrier groups like the ATA, are concerned about recent events involving Hours of Service regulations. On July 24, the U.S. Court of Appeals for the D.C. Circuit vacated the 11-hour driving time provision and the 34-hour restart provision of the HOS regulations. As a result, it threw out two provisions of the current rules challenged by Public Citizen and other safety advocates. NASSTRAC intervened in the court case and joined ATA’s brief. According to NASSTRAC Legal Counsel John Cutler, one of the provisions rejected by the court increases driving time per duty period from 10 hours to 11 hours. The maximum driving time will presumably return to 10 hours, if the court decision is not stayed. The other provision rejected by the court is the “34 hour restart provision,” says Cutler. “Under this provision, drivers could restart their weekly on-duty clocks whenever they were off duty for 34 hours straight. This provision was challenged as allowing drivers to operate up to 17 more hours in a 7 day week than earlier rules. It’s not clear what effect the court’s rejection of the 34 hour restart provision will have on motor carrier operations. The most likely disruption may be to operations of long-haul TL carriers.” This will most certainly affect both shippers and carriers who are members of NASSTRAC. In addition, OOIDA, the independent owner-operators’ group, challenged the new rules insofar as they required at least 8 hours of sleeper berth rest. OOIDA argued that team drivers using the sleeper berth in shifts of at least 2 hours at a time should be acceptable. The court rejected OOIDA’s appeal. According to a recent article in Transport Topics, these issues will have to be reconsidered by FMCSA, and ATA will seek a stay of the court’s decision to permit the current rules to remain in effect while FMCSA attempts to cure its procedural errors in new proceedings. NASSTRAC supports ATA as to a stay and in the new FMCSA rulemaking proceedings. NASSTRAC will continue to monitor and take an active role in the situation. NASSTRAC’S POSITION ON HOS RULING IN THE PAST NASSTRAC has actively supported the trucking industry on the Hours of Service front and in many other ways (ergonomics, hazardous materials, Highway Bill, etc.) for many years. After seeing the proposed rules issued in 2000 by FMCSA, which would have been terrible for carriers and shippers, NASSTRAC filed comments supporting ATA’s position. Cutler attended a public meeting held by FMCSA, and spoke out on behalf of NASSTRAC shippers and the trucking industry. NASSTRAC welcomed the 2003 rules, and, when they were struck down by the court of appeals, NASSTRAC supported a stay to enable the 2003 rules to remain in effect while FMCSA was reconsidering the rules. During that reopened FMCSA rulemaking proceeding, NASSTRAC again filed comments supporting the trucking industry. Also, during the lobbying over SAFETEA-LU, the 2005 Highway Bill, NASSTRAC asked key members of Congress to support the 2003 hours of service rules. When the 2005 rules (supported by NASSTRAC) were again challenged in court by safety advocates, NASSTRAC intervened in the court case in support of ATA, and the association joined ATA in briefing the case. Cutler worked closely with ATA in its efforts, and also attended the oral argument. “Now that the court has again found fault with the rules, NASSTRAC is again ready to support ATA through a number of initiatives,” says Cutler. Those include support for a stay, further comments at FMCSA, and encouragement of NASSTRAC members to write more letters to Congress.