Is HOS regulations changing?

**lisalewis** · 08-31-2007, 07:25 PM

I just read a message on the Panther website that a court passed changes to the HOS regulations? Something about no more 34 hour re-start?? I'm confused...anyone know whats going on and if/when it will affect all of us?

**greg334** · 08-31-2007, 07:25 PM

Tuesday, July 24, 2007 â€“ Truckers will once again face another new hours-of-service regulation, thanks to a ruling that eliminates the 34-hour restart and 11-hour driving limit.

The U. S. Court of Appeals for the District of Columbia Circuit issued a ruling today on a pair of challenges to the current hours-of-service regulations.

In the decision issued by the court, the 11-hour driving time limit and the 34-hour restart were thrown out. No changes to the sleeper-berth provision were made. The court ruled based on procedures followed by the Federal Motor Carrier Safety Administration and not on the merit of the challenged provisions.

Truckers may feel like they are in a state of limbo with this latest round of changes to the hours-of-service regulations.

But, in the short term, nothing really changes.

According to a statement from FMCSA, agency staffers are â€œanalyzing the decision issued today to understand the courtâ€™s findings as well as determine the agencyâ€™s next steps to prevent driver fatigue, ensure safe and efficient motor carrier operations and save lives. This decision does not go into effect until Sept.14, unless the court orders otherwise.â€

Officials with the Owner-Operator Independent Drivers Association said that until FMCSA takes some sort of official action truckers should continue operating under the 11-hour driving rule and utilizing the 34-hour restart if needed.

â€œThe courtâ€™s ruling impacts the agency, not the truckers,â€ said OOIDA President and CEO Jim Johnston. â€œTruckers should continue operating the way you are until we see some sort of official action out of DOT.â€

And, Johnston doesnâ€™t expect to wait long to hear what the next step will be.

â€œI expect DOT to act quickly and implement the changes the court mandated,â€ he said.

**Crazynuff** · 09-01-2007, 03:50 PM

I've heard when the 11 hour rule is made invalid there will be NO rule on driving hours . The 10 hour rule was made invalid with the new HOS . The court can invalidate a regulation but they can't make new regulations .

**highway star** · 09-01-2007, 05:49 PM

Interesting Crazynuff, but if it seems to good to be true,...

**greg334** · 09-01-2007, 08:51 PM

The way it is supposed to work is the FMCSA has to revise the regulation as it is on the books, there is no automatic going back. The ruling made the regulation invalid but until there is a revision, the regulation is enforced and a notice from the regulatory agency that revision will take/has taken place and given ample time to pass it through the court if the court rule to do so.

This is not to be confused with laws, regulations and laws are separate when there is a ruling, laws are instantly nullified. If this was the case with this regulation, then the regulation would be nullified and there would be no need to track hours of service.

**are12** · 09-02-2007, 12:53 AM

I'm just confused!!

**greg334** · 09-02-2007, 01:39 AM

Well so am I!

**nightcreacher** · 09-02-2007, 08:32 AM

When the new H O S starts,there will be no 34 hour reset and the driving time will be back to 10 hours,and the 14 hour rule will remain.Still no split bunk for teams

**Broompilot** · 09-02-2007, 09:02 PM

Pulled into the VA scale house last Sunday to ask this exact question. Here was the response. "Driver do not concern yourself about that, its not happening we have not heard a word" Direct quote from the D.O.T. in VA.

Its not on the horizon, for what my word is worth.

**RichM** · 09-03-2007, 08:08 PM

I had a class one done last week in GA. I also asked the inspectors about the change. Same answer "we have no idea."

**JohnO** · 09-04-2007, 01:15 AM

I been told DOT has till sometime in September to file appeal decision.

**Crazynuff** · 09-04-2007, 10:36 PM

I checked at the fmcsa.gov site yesterday . They only say changes will take effect September 14 .

**lisalewis** · 09-05-2007, 08:57 PM

I still don't understand why they would want to do away with the 34HR restart? Everyother job restarts their hours after the weekend, why can't we?

**JohnO** · 09-06-2007, 03:03 AM

Spoke with OOIDA Wednesday and they say the suit filled by teamsters was thrown out but no one knows for certain when and if any changes will take place.

**Crazynuff** · 09-06-2007, 08:53 AM

>I still don't understand why they would want to do away with
>the 34HR restart? Everyother job restarts their hours after
>the weekend, why can't we?
The 34 hour restart and 11 hour rule were thrown out because FMCSA did not follow proper procedures in implementing them . Public Citizen claimed the restart would allow drivers to work too many hours . More possible hours on paper , yes . But in reality it would require working 14 hours every day for 5 days straight , taking the restart then continue working 14 hour days . Did anyone at all do that ? Another thing is claiming more off duty hours make drivers less fatigued . Pure nonsense . Many off duty activities are more fatiguing than driving .