A few months later, FMCSA announced it was keeping in place both provisions while it reworded its explanation. During the process, a federal appeals court denied Public Citizen's request to invalidate the Interim Final Rule.
The final rule is based on an exhaustive scientific review and designed to ensure truck drivers get the necessary rest to perform safe operations and the quality of life they deserve, the agency's Administrator, John Hill, noted.
The agency said it consulted with scientific and medial researchers, reviewed existing fatigue research and worked with organizations like the Transportation Research Board of the National Academies and the National Institute for Occupational Safety in setting the final rules.
Hill said he was confident it would stand up to another legal challenge because the agency had appropriately addressed all concerns raised by the courts.
"These rules are crafted to match what we know about drivers' circadian rhythms and the real world work environment truckers face every day," said Hill.
Public Citizen President Joan Claybrook wasn't impressed. "FMCSA's rule, which ignores mountains of safety research, authorizes the exact same 11-hours of driving and 34-hour restart provisions of rules past … The rule also fails to require electronic on-board recorders (EOBR) that are essential to assure effective enforcement of the rule."
However, FMCSA has been working on an EOBR mandate for several years. And while at first the rule would only target the worst HOS violators, there are strong indications the agency is planning to extend mandatory EOBRs to all carriers.