Portions of the rule will slow productivity, hurt jobs and have a negative impact on agriculture, manufacturers, retail supply chains and distribution operations, the coalition charges.
The US poultry industry, in filing a joint amici curiae brief, agrees with the American Trucking Association’s challenge. The specific rest periods of the ‘34-hour restart’ and the exclusion of all ‘on-duty non-driving work’ during specified breaks should be held unlawful on the grounds that the changes are arbitrary and capricious, the group feels.
The FMCSA failed to consider any costs on shippers, receivers or transportation intermediaries when evaluating changes to the rule, the brief argues. Also opposed by the coalition is a challenge lodged by Public Citizen and defended the FMCSA’s decision to maintain the 14-hour driving window and the 11-hour daily driving provision.
Participating groups in the amici filing include: American Bakers Association, Food Marketing Institute, Intermodal Association of North America, International Food Distributors Association, NASSTRAC, National Association of Manufacturers, National Chicken Council, National Grocers Association, National Private Truck Council, National Retail Federation, National Turkey Federation, Retail Industry Leaders Association, Snack Food Association, US Chamber of Commerce and US Poultry & Egg Association.
These groups believe the Hours of Service rules currently in place have served the public well and have demonstrably improved safety for shippers, motor carriers and the public at large over the last decade.
