HOS Court Ruling
Released August 2, 2013
Federal Court Sides with ATA on Break Provision, but Leaves HOS Mostly In Tact
Arlington, Va. – Today, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited ruling on American Trucking Associations’ challenge to the most recent revisions in the hours-of-service rules; striking down a provision requiring short-haul drivers to take 30-minute off-duty break, but leaving the bulk of the rule unchanged. “While we are disappointed the Court chose to give unlimited deference to the Federal Motor Carrier Safety Administration’s agenda-driving rulemaking, the striking down of the short-haul break provision is an important victory,” said Dave Osiecki, ATA senior vice president of policy and regulatory affairs.
While the 30-minute, off-duty break requirement for short-haul drivers was vacated, the Court upheld the new limitations on the use of the restart, and the requirement that the 30-minute driving break be free of all on-duty activity, despite agreeing with ATA that the FMCSA’s justification for the rule had serious flaws.
Even though the Court identified several of these flaws, it declined to “second guess” the agency’s methodologies and interpretations of the evidence, instead taking a “highly deferential” approach to the agency’s presumed expertise, concluding that “FMCSA won the day not through the strengths of its rulemaking prowess,” but rather through “an artless war of attrition.”
Further, the Court found no merit in the challenge of the coalition of interest groups that have repeatedly fought to make a working regulation more restrictive, correctly concluding it “would have been unreasonable and unfounded on the record” to reduce the driving day from 11 to 10 hours. The Court also summarily rejected the groups’ call to eliminate the restart altogether.
“The court recognized on numerous occasions the shortcomings of the agency’s deliberations, so despite upholding most of the rule, we hope this opinion will serve as a warning to FMCSA not to rely on similarly unsubstantiated rulemakings in the future,” Osiecki said. “One thing this rulemaking makes clear is that fatigue is a small problem when viewed through a crash causation lens. ATA hopes FMCSA will work with the trucking industry to address more pressing safety and driver behavior issues, including those than can be directly affected through proven traffic enforcement activities aimed at unsafe operating behaviors.”
This means the following:
- There will be NO change to the restart rule that became effective on July 1; and,
- The 30 minute rest break rule does NOT apply to local, short haul drivers (100 air mile radius drivers), but DOES still apply to all drivers required to complete a logbook.
FMCSA CLARIFIES THAT BOTH TYPES OF SHORT HAUL DRIVERS ARE NOT SUBJECT TO REST BREAK REQUIREMENT
Following an ATA meeting with Administrator Ferro on Tuesday, August 6, FMCSA this morning released a new enforcement policy clarifying that, effective August 2, 2013, the hours of service 30-minute rest break requirement does NOT apply to either of the two categories of short haul drivers. The recent U.S. Court of Appeals decision which vacated the rest break requirements for short-haul drivers created some confusion by only speaking specifically to one of the two categories of short haul drivers – non-CDL holders who operate within a 150 mile radius of their work reporting location. FMCSA’s new enforcement policy states that the Agency and its state enforcement partners will immediately cease enforcement of the 30-minute rest break provision of the HOS rule against all short-haul operations. This includes the aforementioned non-CDL holders using the exemption under 395.1(e)(2) AND drivers of any CMV (both CDL and non-CDL) operating within a 100 air-mile radius and using the exemption under or 395.1(e)(1). Also, FMCSA will also be initiating a rulemaking to include text in the HOS regulations specifically noting that the 30 minute break provisions do not apply to short haul drivers.