7/16/2004  - A public interest group scored a major victory today when the U.S. Circuit Court of Appeals sent the federal government’s hours of service regulations back to the Federal Motor Carrier Safety Administration (FMCSA) for review. 

The Washington, D.C. appeals court agreed with Public Citizen that the hours of service rules failed to consider the health of truck drivers. 

The opinion, which is posted in full on the court’s web site, http://www.cadc.uscourts.gov, reads in part: 

"The FMCSA points to nothing in the agency’s extensive deliberations establishing that it considered that statutorily mandated factor of drivers’ health in the slightest."

 The rules extend the time a driver can be on the road from 10 to 11 hours a day, but reduces the hours a driver can be on-duty from 15 to 14 hours a day. On-duty hours under the new rules include meals, loading and unloading and fuel stops.

 The FMCSA said it had received today’s ruling and will make an announcement at a later date.

 This ruling may not be a good thing for Manatt's, Inc. The Public Citizen, other safety organizations, and The Teamsters are opposed to the rule extending the drive time from 10 to 11 hours a day. They would like to see truck drivers spend less time on the road. Elmer is already having a hard time trying to keep drivers in compliance.  Since most of our drivers are seasonal, they would work fewer hours per year.  We would also have trouble getting our jobs done. 

 They also want electronic onboard recorders on all trucks to monitor driver compliance. This would be a huge expense to the trucking industry and constructions companies like Manatt's, Inc. These units cost $1500 to $3000 per truck.

 The American Trucking Association is in favor of leaving the current hours rule in place.