Monday,
August 25, 2003
Contact: Andy Beck, 202-366-8810
FMCSA 18-03
FMCSA Denies Petitions to Reconsider Hours-of-Service Final Rule
The U.S. Department of Transportation's (USDOT) Federal Motor Carrier Safety
Administration (FMCSA) today announced it has denied eight petitions for
reconsideration from organizations that want the hours-of-service final rule
altered. Published on April 28, the
new hours-of-service final rule addresses the issue of driver fatigue and sets
standards for driving and off-duty time. The previous rules had been in effect
with few changes for more than 60 years.
"The new hours-of-service rule strikes a balance between reasonableness,
consistency, and enforceability, while improving safety and protecting all
highway users," FMCSA Administrator Annette M. Sandberg said.
"Recognizing that carriers, drivers, and law enforcement must
prepare for the Jan. 4, 2004, compliance date, we have denied the petitions in
sufficient time to allow these groups to meet the compliance deadline."
The petitions were in four categories: requests to allow off-duty time to extend
the 14-hour on-duty limit; to exempt utility vehicles and workers from the
hours-of-service regulations; for miscellaneous changes, such as changing the
definition of commercial motor vehicles; and to allow early compliance with the
new hours-of-service rules before the Jan. 4, 2004, effective date.
Pinnacle West Capital Corporation and its subsidiary Arizona Public Service
Company; Southern California Edison Company; the Hours-of-Service Coalition,
representing businesses with short-haul trucking operations; Edison Electric
Institute; FOX News; National Propane Gas Association; Sabil Uplink
Communications; and Wal-Mart filed petitions.
The FMCSA compared the relief sought by each petitioner to the core goals in the
hours-of-service rulemaking: improved
safety; greater opportunity for rest; movement toward the body's 24-hour clock;
and practicality, uniformity, and enforceability of the rule.
After careful consideration of the petitioners' arguments, the agency
chose to deny each of the petitions.
The new hours-of-service rule will save up to 75 lives and prevent as many as
1,326 fatigue-related crashes annually. The
rule reflects scientific driver fatigue studies, a careful evaluation of the
more than 53,000 public comments on the proposed rule, and the intent of
Congress to safeguard Americans on the nation's highways.
This final hours-of-service rule is on the Internet and can be viewed by
searching for docket number FMCSA-97-2350 at http://dms.dot.gov/.
The rule is document number 23305 on page 465 of the table of contents.
The letters to the petitioners are in this docket.
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