Bill Graves, American Trucking Associations (ATA) president and chief executive officer, has asked the Department of Transportation Secretary to push for a stay of a recent US Appeals Court ruling on hours-of-service regulations, according to ATA information.
Graves said in a letter to Transportation Secretary Mary Peters that there is "no compelling safety reason” to eliminate the two provisions the court challenged in its ruling.
On July 24, the US Court of Appeals for the District of Columbia Circuit vacated the 11-hour driving time provision and the 34-hour restart provision of the HOS regulations. In making its decision, the court said the Federal Motor Carrier Safety Administration (FMCSA) did not follow procedures in approving the new rules.
Graves asked Peters and her staff to work with FMCSA and Department of Justice to file a timely motion with the court requesting either a stay of the decision, or a remanded (to FMCSA) without the court vacating the 11-hour driving rule and the 34-hour restart provision.
He pointed out that the number of deaths from large truck-involved crashes declined by 4.7 percent in 2006, according to the National Highway Traffic Safety Administration. That year was the first full year for which the 2005 hours-of-service regulations were in effect. The decrease is the largest drop in 14 years, he said.
Graves said that the 2005 HOS regulations should be reviewed in their totality. While they allow one additional hour of driving time, they mandate two additional hours of rest. A study by the American Transportation Research Institute found that most drivers experienced less fatigue and preferred the 11 hours driving, 10 hours off, and 34-hour restart provisions.