The Federal Motor Carrier Safety Administration (FMCSA) has issued an Interim Final Rule (IFR) putting into place the same 11 Hours of Service Regulation (HOS) that was struck down, only a few months ago, by the courts as being unsafe. The press announcement from the FMCSA on this issue can be found at: www.fmcsa.dot.gov/about/news/news-releases/2007/121107.htm
Predictably, the American Trucking Association (ATA) welcomed the IFR on the drivers’ Hours of Service. From a company owner’s standpoint the IFR makes since because anything that allows a driver to spend more time on the road puts more dollars in their pockets. From the publics standpoint, having tired truckers on the road only leads to tragedies. My firm has been honored to represent many of these families, whether victims or heirs, and tired truckers are dangerous.
One of the major flaws with the FMCSA and the ATA’s position (that the 11 hour HOS regulation is safer than the 10 hour HOS) is that they fail to take into account the other safety equipment that is becoming prevalent in the trucking industry. Please see my prior posts for examples.
Is it any surprise that the FMCSA officials leave government service to join ATA companies and ATA companies provide officials to the FMCSA and the government? Clearly the fox is guarding the hen house in the FMCSA.