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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