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Table of Contents » Court Grants 90-Day Stay in HOS Case » FMCSA Issues PSA on Seat Belt Use by CMV Drivers » CTA's 2007 Drivers of the Month » TLC Employees Celebrating Anniversaries in September, October Court Grants 90-Day Stay in HOS Case Source: National Private Truck Council October 8, 2007 
On September 28, 2007 the U.S. Court of Appeals for the D.C. Circuit granted a 90-day stay of the effective date of its July 24, 2007 decision vacating the FMCSA's 11-hour driving time and 34-hour reset rules. The court's one page order stayed the mandate of the July 24 decision until December 27, 2007. The court did not impose any specific rules or direct the FMCSA to take any particular action. In the meantime, the current 11-hour and 34-hour rules will now remain in effect until December 27, 2007. No change in the rules may occur without official action by the FMCSA. The FMCSA had requested a 12-month stay of the court's decision, and ATA had requested the court to grant an 8-moth stay. CVSA had filed in support of a stay for up to 6 months. It is now up to the FMCSA to complete a rulemaking within that time frame to address the issues raised in the court's July 24 decision. NPTC will provide additional information on the FMCSA's response to this development as soon as it becomes available. On October 1, the FMCSA released the following statement: "We are carefully evaluating our options in light of the court's ruling. Make no mistake, maintaining the safety of America's highways continues to be our priority." The court's order also denied OOIDA's request for rehearing on the issue of the rule requiring eight consecutive hours in the sleeper berth to extend the 14-hour daily duty period. Return to table of contents |