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Choosing up Sides on Hours of Service Litigation
We reported recently on a suit filed by Citizens for Reliable and Safe Highways, Parents Against Tired Truckers and Advocates for Highway and Auto Safety, and later the International Brotherhood of Teamsters, challenging the current FMCSA hours of service regulation. The rule allows truckers to drive 11 consecutive hours before taking a mandatory 10-hour off-duty break. Before 2004, drivers were allowed to drive 10 hours, but the agency upped the total number of driving hours while increasing the required rest period. Also disputed by the safety groups: the lack of a mandate for electronic onboard recorders and an alleged lack of consideration for drivers’ health.
Now the American Truckers Association has filed a motion to intervene on behalf of the Federal Motor Carrier Safety Administration. The ATA claims that the rule advances public safety while meeting the operational needs of the trucking industry.
The Owner-Operator Independent Drivers Association also is challenging the 14-hour on-duty provision, which limits work to 14 hours once on duty, unless the trucker takes a long enough break.
The Truckload Carriers Association, the Ohio Trucking Association and the California Trucking Association have filed documents supporting the challenge.
The Shigley Law Firm represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a “SuperLawyer” in Atlanta Magazine and one of the “Legal Elite” in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks).