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Release Date 10/1/2007

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

	Recent Update On Hours of Service

	Last Friday, the U.S. Court of Appeals for the DC Circuit issued a stay of its decision rejecting two aspects of the current Hours of Service rules – the provision allowing 11 hours of driving instead of 10, and the 34 hour restart provision. The stay is for 90 days, or until December 27, 2007, rather than the 8 month period sought by the American Trucking Associations. According to John Cutler, NASSTRAC's Legal Counsel, NASSTRAC (along with H&PCLC) was the first shipper group to support ATA’s stay motion. The Federal Motor Carrier Safety Administration (FMCSA), which should have filed its own stay motion weeks ago, belatedly filed a response in support of ATA, said Cutler. A stay of 8 months might have allowed the Federal Motor Carrier Safety Administration to complete an expedited proceeding to address the procedural issues identified in the court’s decision. "I’m afraid that 90 days will not be long enough to complete such a proceeding, so FMCSA will have to decide what happens on December 28," continues Cutler. "ATA’s request filed with FMCSA for an interim final rule maintaining the status quo (which we also supported) may provide a solution." NASSTRAC will continue to keep members updated on developments of this very important industry issue.