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Posted October 27, 2009

HOS lawsuit settled

A settlement has been reached in the latest round of litigation involving the hours-of-service regulations.

On October 26, 2009, Public Citizen, Advocates for Highway and Auto Safety, the Truck Safety Coalition, and the International Brotherhood of Teamsters reached an agreement with the Federal Motor Carrier Safety Administration (FMCSA). Under the agreement, FMCSA has agreed to start a new hours-of-service rulemaking.

Under the terms of the agreement:

  • FMCSA will review and reconsider the 2008 hours-of-service regulation;
  • FMCSA will submit a notice of proposed rulemaking (NPRM) to the Office of Management and Budget (OMB) for approval within nine months of the date of settlement (October 26, 2009);
  • Within 30 days of the publication of the NPRM in the Federal Register, the parties will file motions to govern further proceedings; and
  • FMCSA will publish a final rule within 21 months of the date of settlement.

In March 2009, the groups filed a petition for review with the U.S. Court of Appeals for the District of Columbia Circuit, challenging the current hours-of-service regulations. This was the third legal challenge to the hours-of-service regulations in five years.


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