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Disability Law

: Doherty & Progar Workers' Comp

Federal Court Vacates Rule on Truck Drivers' Hours-of-Service

By Michael Progar

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The United States Court of Appeals for the District of Columbia Circuit vacated portions of a 2005 Federal Motor Carrier Safety Administration (FMCSA) rule regarding hours-of-service for long-haul truck drivers, on July 24, 2007. Among other provisions, the 2005 rule had increased the daily driving limit from 10 to 11 hours, and allowed drivers to restart their weekly on-duty hours-of-service limit after 34 consecutive hours off duty.

The court concluded that the FMCSA had ignored the results of its own study, which predicted a higher risk of fatigue-related accidents under the new rule. The 2005 rule was, with a single exception, the same as a 2003 rule that the court had vacated previously. The opinion is Owner-Operator Independent Drivers Association v. Federal Motor Carrier Safety Administration.
Offices located in Illinois, Wisconsin, and Indiana.

Full post as published by Doherty & Progar Workers' Comp on July 27, 2007 (boomark / email).

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