Statement
Thursday Sept. 2, 2004
Contact: Bill MacLeod
Telephone: 202-366-8810
Statement by Annette M. Sandberg, Administrator, FMCSA:
FMCSA Files for Stay on HOS Action
The
Federal Motor Carrier Safety Administration has filed a
motion with the U.S. Court of Appeals for the District of
Columbia Circuit seeking to stay further action in Public
Citizen Et. Al v. Federal Motor Carrier Safety Administration.
Staying the court's decision would allow the agency time
to address and to correct the concerns of the court about
the new hours-of-service rule.
If granted, the motion would mean the new hours-of-service
(HOS) rule, announced in April 2003, would remain in effect
for the time being. After consultations with Federal and
State officials, the agency believes a stay is necessary
to avoid substantial disruption in the enforcement of HOS
requirements, as it remains unclear as to what safety regime
would emerge. Changing rules would produce a potentially
uncertain and problematic patchwork of enforcement obligations,
thereby causing significant confusion and substantially
hampered enforcement.
While the court weighs the agency's motion, the agency is
moving forward to address issues raised by the court. On
September 1, 2004 the Federal Register will publish of an
Advance Notice of Proposed Rulemaking (ANPRM) describing
the agency's request for information pertaining to the costs
and benefits associated with Electronic On-Board Recorders
(EOBRs). Already, the agency has entered into contracts
with several entities for literature reviews pertaining
to the effect of hours of service regulations on driver
health. These actions will produce necessary information
contributing to a revised hours-of-service rule.
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