The
United States Court of Appeals granted a 90 day stay of the effective
date of its ruling vacating the 11- and 34-hour provisions of
the current hours-of-service (HOS) regime. The decision paves
the way for the Federal Motor Carrier Safety Administration (FMCSA)
to issue an Interim Final Rule (IFR) that includes the 11- and
34-hour requirements which would be in place while the agency
considers the elements of the next HOS Final Rule. In a memorandum
filed with the court, FMCSA stated it viewed the Court’s
original decision as procedural in nature and not foreclosing
the re-adoption of the 11- and 34-hour provisions if the agency
corrected the procedural problems. Nothing about the Court’s
recent ruling shows any concern with the agency’s stated
course, according to the American Trucking Associations. Procedurally,
once an IFR is issued, it will supersede the current HOS rules
making the vacating of the 11- hour and 34- hour provisions in
the current HOS rules moot when that takes place on December 27,
2007. The IFR, and its probable inclusion of the 11- and 34-hour
provisions, would stay in place until the agency issues the next
Final HOS, which according to the agency filing should be done
within the next 12 months. |