Transportation Law Update: FMSCA’s New Hours of Service Rule Appeal Update

06.17.2021

49 C.F.R. parts 385 & 395 / Court of Appeals Docket #: 20-1370

The Federal Motor Carrier Safety Administration recently issued a Final Rule making some changes to the Hours of Service Rules. The Final Rule was effective September 29, 2020 and is accessible online. 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. Read a summary on our website

On June 1, 2020, when the Federal Register published this Final Rule, the 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. This petition was denied by FMCSA, and 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 Petitioners filed an unopposed motion to extend time with final briefs due May 24, 2021. The Respondents filed an unopposed motion in February to hold the case in abeyance. This motion was granted. As of April 20, 2021, a report filed by the Respondents confirming abeyance status and that agency consideration is ongoing. 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, assisted in the preparation of these materials.

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