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U.S. Court of Appeals Schedules Oral Hearings in HOS Challenge

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Oral arguments in the lawsuit challenging the hours of service rule will be held March 15 at the U.S. Court of Appeals for the District of Columbia Circuit. At issue are petitions by trucking interests asking the court to strike four provisions of the rule, and by safety advocates charging that the Federal Motor Carrier Safety Administration erred when it preserved the 34-hour restart and 11-hour driving limit. American Trucking Associations and others object to a change in which the 34-hour restart will be limited to once a week, with each restart including two rest periods between 1 a.m. and 5 a.m. They also object to the requirement that a driver must take a half-hour off if it’s been more than eight hours since he took an off-duty or sleeper berth break. It typically takes the court two to three months to rule following arguments, which means it should hand down its decision before the new HOS rule is scheduled to take effect in July. The D.C. Circuit will also hear oral arguments in the challenge brought by Public Citizen et al. seeking to eliminate the restart provision altogether, and to reduce the daily driving limit to 10 hours.

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