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Drivers’
Hours of Service
The Federal Motor Carrier
Safety Administration (FMCSA) finalized a new drivers’ hours-of-service (HOS)
rule in October 2005, replacing the April 2003 rule that was vacated by the
United States Court of Appeals for the District of Columbia Circuit. On July 24,
2007 the same court vacated the 11-hour daily maximum driving time and the
34-hour restart provisions of the 2005 HOS rule after these two provisions were
contested by Public Citizen and other safety advocacy groups (largely the same
coalition that was successful in overturning the 2003 rule). The HOS provisions
of importance to the ready mixed concrete industry, including the 24-hour weekly
clock reset for haulers of construction materials, the 16-hour short-haul
exception, the 100 air-mile logbook exemption and the intrastate tolerance
guidelines, are unaffected by the court’s
decision.
On
December 11th, 2007 in response to the court’s decision, the FMCSA
issued an interim final rule (IFR) retaining the two vacated provisions. This
action was taken after new data showed that the vacated provisions have actually
helped to improve highway safety. The IFR maintains the status quo for the
federal drivers’ HOS regulations while FMCSA hears public comment for 60 days.
NRMCA is also continuing to
pursue a logbook exemption for the industry.
Should you have any questions
about Drivers' Hours of Service, please contact Robert
Sullivan at 1-888-846-7622, ext. 1148; or
Kevin Walgenbach at ext. 1157.
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