Current HOS to stand – DC Circuit Court of Appeals denies motion to vacate!

DC Circuit Court of AppealsA motion asking a federal court to force the Federal Motor Carrier Safety Administration to eliminate the 11-hour driving limit and the optional 34-hour restart provision was denied Wednesday, Jan. 23.The motion was filed Dec. 19, 2007, with the U.S. Court of Appeals for the District of Columbia Circuit by Public Citizen, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, Advocates for Highway and Auto Safety, and the International Brotherhood of Teamsters.

In the motion, the groups asked the court to vacate the FMCSA’s interim final rule on HOS – or at least the portion of it that reinstates the two invalidated provisions. The groups also asked the court to direct FMCSA to issue another interim final rule or other authoritative guidance that limits truck drivers to a 10-hour consecutive driving limit and to the governing 60-hour and 70-hour weekly on-duty limits with no 34-hour restart.

Now, if the Ninth Circuit in San Francisco will show the same courage and wisdom on February 12, we can all worry about things that actually effect our profession.