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Thursday, August 8, 2013

Hours of Service Final Decision

On Friday, August 2, the U.S. Court of Appeals for the D.C. Circuit issued its ruling on ATA’s challenge to the most recent revisions in the HOS rules.

The FMCSA’s rulemaking was upheld with the exception that ATA prevailed in its challenge to the applicability of the rest break to short haul drivers.
This means the following:
  1. There will be NO change to the restart rule that became effective on July 1st
  2. The 30 minute rest break rule does NOT apply to local, short haul drivers (100 air mile radius drivers) but DOES still apply to all drivers required to complete a logbook.

Wednesday, July 17, 2013

HOS Rules Take Effect

The new HOS rules took effect July 1, 2013 notwithstanding the opposition of everyone in the industry. Carriers with long haul operations report an 18-24% reduction in productivity due to: 1) the two overnight requirements on the restart, 2) the restrictions when the restart can be taken and, 3) the 30 minute meal break. The meal break is operationally difficult because additional time is lost in finding a place to stop, logging off, logging back on and returning to the road.

See below for the guidance issued by the Agency concerning this break.

Tuesday, April 9, 2013

Great Owner-Operator Decision / Federal Preemption is Alive and Well, at Least in the Eastern District of Virginia



 
The purpose of the FAAAA was to prevent state laws from meddling in interstate commerce and interfering with routes, rates and services.  Remember the federal preemption argument is at the heart of ASECTT et al. v. FMCSA – state law cannot be used to hold shippers and brokers liable for negligent selection when using carriers determined to be safe to operate under federal law.

Wednesday, March 20, 2013

Owner Operator Legislative Update - March 19, 2013

printable version


March 19, 2013 Issue



GOVERNMENT AFFAIRS NEWS

STATE LEGISLATION
States are in the midst of their 2013 legislative sessions and some have even already adjourned such as Virginia. Please review the legislation, its current status and look to the following states for newly introduced or acted upon legislation: Nevada, Oregon, Kentucky, Maine and Maryland.