FMCSA responds to Court of Appeals repeal of Hours of Service rule

July 16, 2004 -- Annette M. Sandberg, administrator of the Federal Motor Carrier Safety Administration, has issued the following statement regarding the decision by the U.S. Court of Appeals for the District of Columbia Circuit to repeal the Hours of Service rule:

“The Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) have received the court's decision. With assistance from the Department of Justice, we are currently reviewing the opinion to determine possible next steps.

“Under the court's rules of procedure, the Department has 45 days to review the decision and decide whether to seek other legal remedies. During that period of time, the current hours of service rule, announced in April, 2003, remains in effect.

“FMCSA will advise Federal authorities and State law enforcement partners of their responsibility to continue compliance with the current rule. FMCSA will advise major industry associations to educate motor carriers and drivers of the continued need for HOS compliance.

“The Hours of Service rule is important to commercial vehicle safety and is the first major re-write of the HOS rules in more than 60 years.”

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