Hours of Service: Court Grants Three Month Stay

October 1, 2007: The U.S. Court of Appeals has granted a three-month stay of their decision striking down two aspects of the Hours of Service regulations. The new date is December 27, 2007 for implementation of the change back to 10 hours driving time, and no 34-hour restart.

The government had asked for a 12-month stay, with the intention of trying for a third time to convince the same court that their regulations are in compliance with the intent of the law.

Employers will likely push the FMCSA to issue a new notice and a new explanation, a new comment period, and rush through the same regulations to once again present to the court. Hopefully they will not take that approach.

The Federal Motor Carrier Safety Administration (FMCSA) should do the right thing and use this 90-day period to direct the industry to transition to the 10-hour limit. It's time for the carriers to make plans to operate under the 10-hour driving time.

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