Advocates for Highway and Auto Safety, Public Citizen, the Truck Safety Coalition, and the International Brotherhood of Teamsters late Thursday filed the initial legal brief in the third round of litigation seeking to overturn the hours-of-service (HOS) rules that the Bush administration imposed in 2003.
In the petition, the groups asked the U.S. Court of Appeals for the District of Columbia to overturn the hours-of-service rule issued Nov. 13, 2008.
The current hours-of-service rules for property-carrying commercial motor vehicles increased the number of daily and weekly hours truckers can drive to 11 consecutive hours (instead of 10) each shift and up to 17 hours more driving each week. The rule also revised the recovery time at the end of the week to a 34-hour restart.
The groups have previously won unanimous decisions from two separate panels of the Federal Court of Appeals in Washington, D.C., in 2004 and 2007. The Bush administration countered the court decisions by imposing the same rule each time. The Court of Appeals, in each decision, corrected the FMCSA for its lack of reasoning and failure to provide essential information to the public.
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