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Fozzy
Joined: 02 Sep 2005
Posts: 2460
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| Posted: Tue Jul 24, 2007 3:16 pm Post subject: Court rejects 34 hr restart, and the extra hour of driving |
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BREAKING NEWS: Court rejects HOS restart, additional hour of driving
By Avery Vise
In a significant setback for many trucking companies, the U.S. Court of Appeals for the District of Columbia Circuit today, July 24, invalidated two significant pieces of the Federal Motor Carrier Safety Administration’s hours-of-service regulations – the increase of the daily driving limit to 11 hours from the previous 10 hours, and the 34-hour restart option for drivers’ weekly on-duty limits.
In addition, the court rejected the petition filed by the Owner-Operator Independent Drivers Association for greater flexibility in use of the sleeper berth, including allowing team drivers to continue to split rest in sleeper berths as they could before the August 2005 revision.
FMCSA's failings in the case appear to have been mainly in how it put the rule together, rather than in what the rule contained. The court concluded FMCSA “violated the Administrative Procedure Act because it failed to give interested parties an opportunity to comment on the methodology of the crash-risk model that the agency used to justify an increase in the maximum number of daily and weekly hours that truck drivers may drive and work.” The court also held that the agency “failed to provide an explanation for critical elements of that methodology.”
What happens now is unclear. When the appeals court rejected the first revised hours-of-service regulation in July 2004, Congress held the new rules in place for about a year while FMCSA worked on a new version. It remains to be seen whether a Democrat-controlled Congress will be so inclined to intervene. On the other hand, given that the flaws cited are essentially procedural, lawmakers might be inclined to hold the current rule in place pending a new rule.
“What happens now is unclear” - Be prepared to see the 34 hour re-start and the 11 hour driving rules vanish sooner rather than later. I will monitor closely!!! |
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Twilight Flyer
Joined: 13 Nov 2002
Posts: 5487
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| Posted: Tue Jul 24, 2007 3:34 pm Post subject: |
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| That'll throw a wrench into things. Prepare to watch driver and dispatcher heads begin randomly exploding as they try to comprehend yet ANOTHER change in the system. :? |
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yoopr
Joined: 01 Dec 2004
Posts: 12866
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| Posted: Tue Jul 24, 2007 3:50 pm Post subject: |
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I never did the split-sleeper thing but, as I've said many times before, Go back to the Old HOS.
10 on-8 off |
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golfhobo
Joined: 16 Oct 2005
Posts: 3870
Location: the 19th hole / NC
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| Posted: Tue Jul 24, 2007 4:38 pm Post subject: |
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WOW!!! First off, forget about the dispatcher's brains..... they never understood them NOR cared!!! But, this could cause MY brain to go into overload!! :shock: :lol:
Could you provide a LINK to this Fozzy??
Personally, I would think that the SAME "stay" will be imposed immediately, to allow the FMCSA to continue with the current rules until this is settled. From what I read, there was AMPLE input from carriers and other organizations.
But, I would loose no sleep over going back to the old, old rules! I agree that drivers SHOULD know best what works for them!
This is SOooo..... typical of the government! :roll: |
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Useless
Joined: 08 Oct 2005
Posts: 3136
Location: Canyon Lake, Tx.
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| Posted: Tue Jul 24, 2007 6:56 pm Post subject: |
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Fozzy;
I haven't had time to follow this issue. Who challenged the revised rule in the first place?? |
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Fozzy
Joined: 02 Sep 2005
Posts: 2460
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| Posted: Tue Jul 24, 2007 7:23 pm Post subject: |
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Useless wrote: Fozzy;
I haven't had time to follow this issue. Who challenged the revised rule in the first place??
Somebody's (not mine) friends at the OOIDA and of course a big rabble of anti-truck safety groups... |
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danske
Joined: 04 Jun 2007
Posts: 101
Location: Oregon
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| Posted: Wed Jul 25, 2007 3:17 am Post subject: |
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Here are 2 links to this issue. The second article is partisan(eg. It is Bush's fault) and presumptous(eg. tired truckers).
http://www.etrucker.com/apps/news/article.asp?id=61746
http://www.citizen.org/autosafety/Truck_Safety/hos/articles.cfm?ID=16949 |
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ironeagle2006
Joined: 29 Sep 2006
Posts: 865
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| Posted: Wed Jul 25, 2007 10:22 am Post subject: |
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| For almost 70 years the 10-8 70 hours in 8 days rule worked fine. Then all of a sudden was not good enough for the Shippers and receivers and then the Mega Carriers. They were the reason and the push behind the new and twice rejected now HOS regs when you think about it. Yes under the old ones drivers did push the regs but it when you went home 34 hours later your comapny did not call you and say you have had enough time off. |
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SemperFi
Joined: 12 Apr 2006
Posts: 58
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| Posted: Wed Jul 25, 2007 11:24 am Post subject: |
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The "we know what's best for you" crowd is pushing for an eight hour day. Exhibit A:
Quote: Each year more than 5,000 people are killed and more than 110,000 are injured in large truck crashes. Truck driver fatigue is a major contributor to severe crashes. Many studies have shown that truck driver alertness and performance begin to dangerously deteriorate after about eight hours of consecutive driving. After eight hours of driving, the risk of a truck driver having a crash begins to increase rapidly.
This is the same crowd that wakes up every day with the attitude of "who's going to offend me today"! Good luck truckers! |
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yoopr
Joined: 01 Dec 2004
Posts: 12866
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| Posted: Wed Jul 25, 2007 2:16 pm Post subject: |
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Many studies have shown that truck driver alertness and performance begin to dangerously deteriorate after about eight hours of consecutive driving. After eight hours of driving, the risk of a truck driver having a crash
How Nice-"Many Studies"
I can say there are "Many Studies" That prove otherwise but I'd have to show WHO Did the Studies.
IF they go to 8 hours it will be just about the biggest Disasters to hit Trucking. People are going to bail out of their Profession-Many more trucks are going to be needed to haul the Freight and this in turn is going to bring in a TON of green drivers(No I'm not badmouthing new drivers) and they're gonna be just about the Majority on the Road because the Veteran drivers are going to MORE Fed up than they already are. |
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rebajosh
Joined: 30 Sep 2005
Posts: 105
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| Posted: Fri Jul 27, 2007 7:45 pm Post subject: |
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| I wish enough truckers would stick together and stop moving freight for a week. That would be all it would take to wake up the American public. The anti-truck groups BS would fall on deaf ears then. |
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Fozzy
Joined: 02 Sep 2005
Posts: 2460
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| Posted: Fri Jul 27, 2007 8:24 pm Post subject: |
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rebajosh wrote: I wish enough truckers would stick together and stop moving freight for a week. That would be all it would take to wake up the American public. The anti-truck groups BS would fall on deaf ears then.
Yeah? Why not wish for world peace while your dreaming... |
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greg3564
Joined: 30 Aug 2006
Posts: 1268
Location: Leander, TX
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| Posted: Fri Jul 27, 2007 11:43 pm Post subject: |
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Fozzy wrote: rebajosh wrote: I wish enough truckers would stick together and stop moving freight for a week. That would be all it would take to wake up the American public. The anti-truck groups BS would fall on deaf ears then.
Yeah? Why not wish for world peace while your dreaming...
We'll have to add those to the "gas boycott." |
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rebajosh
Joined: 30 Sep 2005
Posts: 105
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| Posted: Sat Jul 28, 2007 3:15 pm Post subject: |
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Fozzy wrote: rebajosh wrote: I wish enough truckers would stick together and stop moving freight for a week. That would be all it would take to wake up the American public. The anti-truck groups BS would fall on deaf ears then.
Yeah? Why not wish for world peace while your dreaming...
I know it will never happen. :sad: |
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geeshock
Joined: 26 Jan 2006
Posts: 325
Location: Hertford, NC
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| Posted: Sun Jul 29, 2007 11:22 am Post subject: |
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| would be nice, idleing fobiden in NY boycot NY for a week. CA haveing such a diference in speed for trucks and 4 wheelers boycott. again, never going to happen, and if it did might as well say hi to our mexican counterparts. |
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