Mark My Words

It seems that the Hours of Service Rule, which was supposed to have been finalized more than a year ago, is as permanent as a sand-castle. Under withering fire from various safety groups, the newly born rule had just emerged when it was shot full of holes by the courts. Then, spinning, but before it could fall, its head was lopped off by yet another justice.

The talking heads all say that the portions of our baby dealing with the 34 hour restart and the increase in driving time from 10 to 11 hours have been thrown out “on procedural grounds”. Does this mean they no longer exist? Can our infant rule survive? Is it alive at all?

Before the smoke had cleared motions were filed requesting the court’s action be stayed, or delayed, for up to 12 months while the FMCSA attempted to address the court’s concerns. Although the court has not as yet responded to the requests, the fact that such request have been made acts as sort of a temporary stay, giving the court time to consider.

In the meantime the FMCSA has choices of its own to consider. 1) It can rewrite the sections of the rule in question. 2) Deal with the “procedural matters” that the court finds so offensive. 3) Do nothing.

The FMCSA knows full well that the safety groups that have been attacking the new rule are getting very good at their job. They also know that no matter what they do to address the situation some will not be pleased, especially the ATA.

This is where I want you all to mark my words.

The FMCSA will drag its feet for the next twelve months then it will:

• Drop the 34 hour restart provision returning us to daily recaps under either the 70 or 60 hour rules.

• Cancel the 11 hours driving time provision and slide back to 10 hours.

• Leave all other provisions of the new rule intact, e.g., 14 hour rule, 10 hour off duty requirement, etc., etc...

Why do I believe the FMCSA will act thus? Because such actions require the least amount of effort on their part.

I am not saying that these FMCSA bureaucrats are lazy, but they are bureaucrats after all and bureaucrats have been known to work very hard at avoiding real work. They have had a lot of practice and are good at it.

Category Posted: General