Transportation Law Update: FMSCA’s New Hours Of Service Rule Appealed (49 C.F.R. part 395)

11.10.2020

The Federal Motor Carrier Safety Administration recently issued a Final Rule making some changes to the Hours of Service Rules. The Final Rule is effective September 29, 2020 and is accessible with this link. Under this Final Rule there are four major changes involving limits for on-duty short-haul operations, adverse driving conditions, split-sleeper options, and breaks. Find a summary on our website Transportation Law Update: FMSCA’s New Hours of Service Rule (49 C.F.R. part 395).

On June 1, 2020, the Federal Register published this Final Rule. One the same day Advocates for Highway and Auto Safety, International Brotherhood of Teamsters, Citizens for Reliable and Safe Highways, and Parents Against Tired Truckers (collectively “Petitioners”) filed a timely joint petition for reconsideration of the final rule. FMCSA denied this petition on August 25, 2020. The Petitioners filed an appeal in the Federal District of Columbia Circuit Court on September 16, 2020, against FMSCA, the United States Department of Transportation, and the United States (collectively “Respondents”). The next step in this case are filings on behalf of the Petitioners and Respondents, due by November 9, 2020. The statement of issues and challenging petition is at the bottom of this webpage. Continue to monitor this page for updates.

Contact John F. Fatino for more information about trucking and transportation matters at (515) 288-6041 or fatino@whitfieldlaw.com. Elaina J. Steenson, J.D. Candidate, Drake University Law School, assisted in the preparation of these materials.

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