Overdrive

April 2012

Overdrive Magazine | Trucking Business News & Owner Operator Info

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logbook and fatalities involving commercial vehicles on our nation's highways," said Chris Burruss, TCA president. Highway and Auto Safety, Public Citizen and the Truck Safety Coalition on Feb. 24 also sued to overturn FMCSA's latest rewrite of the hours-of-service rule. The groups filed a lawsuit in the U.S. Court of Appeals for the Washington, D.C. Circuit. The new suit marks the second challenge to the revised rule. — Staff reports (Continued on Page 59) Safety groups want a 10-hour workday for drivers, while the American Trucking Associations finds fault with the new 34-hour restart provision. ATA, TCA, others sue on hours rule In a March 15 lawsuit filed with the U.S. Court of Appeals for the District of Columbia Circuit, the American Trucking Associations contends the hours of service rule issued by the Federal Motor Carrier Safety Administration is unsuitable. ATA questioned changes to the restart provision requiring it include two consecutive periods between 1 a.m. and 5 a.m.; limits on the frequency with which a driver may use the restart; the requirement that a mandatory 30-minute break from driving also exclude all other on-duty activity; and narrowing certain exceptions to drive-time regulations for local delivery drivers. "While we had hoped to avoid litigation by providing FMCSA with overwhelming evidence that their rulemaking process and proposals were flawed, now that we have challenged this regulation, we will do so vigorously and vocally," said Bill Graves, ATA president and chief executive officer. The Truckload Carriers Association, joining ATA's litigation, filed a motion to intervene. TCA said its executive committee decided March 14 to file the motion. "Since the 2004 hours-of-service rule went into effect, we have experienced a year-over-year decline in crashes THE TRUCK IS EQUIPPED WITH: ® Like us on Facebook. See Sweepstakes Rules at weightowin.com APRIL 2012 OVERDRIVE 21 Courtesy of JJ Keller & Associates Circle 176 on Reader Service Card or visit overdrive.hotims.com

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