Court rules against FMCSA in HOS lawsuit
Jul 16, 2004 4:45 PM, from staff and wire reports
The new Federal Motor Carrier Safety Administration (FMCSA) hours-of-service (HOS) regulation has been ruled arbitrary and capricious by the Federal Court of Appeals for the District of Columbia, according to court information. The HOS rule went into effect Jan 4, 2004.
The court’s decision follows a lawsuit filed by Public Citizen and other groups protesting the new rule, citing driver health issues, an increase in maximum driving time from 10 hours to 11 hours, and sleeper berth exceptions.
“For the reasons more fully set out below, we agree with petitioners that the rulemaking was arbitrary and capricious, because the FMCSA failed to take account of a statutory limit on its authority,” the court said in its opinion.
To see the opinion in its entirety, click here for the court's web site at cadc.uscourts.gov.
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