Upcoming Events

Below is a list of upcoming events within TIDA. For more information please contact us at (847) 647-7226 or email terrir@tida.org or colleenp@tida.org.

16th Annual TIDA Industry Seminar
October 1-3, 2008
San Diego, CA
View Schedule of Events (PDF)
Register Online

Webinar
Tow Truck Terror
September, 5 2008
12:30 PM Eastern
Register Online

17th Annual TIDA Industry Seminar
October 28-30, 2009
San Antonio, TX

2009 Advanced Seminar
February 11-12, 2009
Miami, FL

Cargo Seminar
November 12, 2008
Phoenix, AZ
View Schedule of Events (PDF)

Skills Course
November 12-14, 2008
Phoenix, AZ
View Schedule of Events

Workers' Compensation Seminar
October 29-30, 2008
Pittsburgh, PA
View Schedule of Events

News

Update to Court of Appeals decision regarding Hours of Service regulations
On September 28, 2007 the United States Court of Appeals for the District of Columbia Circuit granted the motion filed by Intervenor American Trucking Associations, Inc. for a stay of the Court's recent decision and mandate eliminating the 11 hour driving and 34 hour restart provisions of the FMCSRs. The stay was granted for a period of 90 days until December 27, 2007.

Presumably this gives the FMCSA time to respond to the Court's concerns about (1) the procedure utilized by the agency in seeking comments on the challenged provisions as well as (2) the methodology used to support the 11 cumulative hours of driving allowed under FMCSR §395.3 (a)(1) and the 34 hour restart provided for in FMCSR §395.3 (c).

The Court's order on the stay is attached hereto. A motion by OOIDA, the petitioner, for en banc (full court) hearing was denied.

The American Trucking Associations issued a press release commenting upon the Court's action. The link to that press release is:

http://www.truckline.com/NR/exeres/38140757-DFEB-4500-8017-97F35BDCB241.htm

Thus, the hours of service rules which were in effect before the D.C Circuit's action of July 24, 2007 are apparently still in effect at least until December 27, 2007.

if you have questions contact Joseph W. Pappalardo, TIDA Board Member at 216.522.1320.

DC Circuit Strikes Down Two HOS Provisions
On July 24, 2007, the United States Court of Appeals for the DC Circuit issued its long awaited opinion in Owner Operator Independent Drivers Association v. Federal Motor Carrier Safety Administration, Case No. 06-1035. The court struck down the current maximum driving time for drivers of property carrying commercial motor vehicles from 11 to 10 hours (the hours allowed before the FMCSA adjusted its rules several years ago). The court did not disturb the 14 hour maximum on-duty time set forth in the current rules. (Before the change, 15 hours of on-duty time were allowed with loading and down time not counting toward the maximum. The 14 hours on-duty include such loading and down time). Additionally, the 34 hour restart, which allows a driver to begin a new 7 or 8 day driving period if he/she is off duty for at least 34 consecutive hours, was struck down.

The court based its decision on two factors. First, it held that FMCSA violated the Administrative Procedure Act requirements for seeking public comment on proposed rules for failing to reveal the scientific methodology utilized in making the rules. Second, the court held that FMCSA failed to properly explain and justify the scientific methodology upon which it based the new rules. Specifically, Public Citizen (the plaintiff whose arguments were accepted by the court; the first named plaintiff OOIDA's arguments were rejected) pointed out that FMCSA allegedly ignored its own study which showed that driver fatigue noticeably increased between the 10th and 11th driving hour, and that performance degraded in that time.

This decision is not immediately effective. The DC Circuit's Rules 40 and 41 state that a mandate, which makes a decision effective, will not issue until at least 7 calendar days after the 45 days in which a party must file a petition for rehearing or 7 calendar days after entry of an order denying that petition, whichever is later. And, an issued mandate is stayed if a party files a petition for panel rehearing, petition for hearing en banc or motion for stay of mandate, until the petition or motion is disposed of, unless the court orders otherwise. Finally, a party can move to stay the mandate pending the filing of a petition for a writ of certiorari in the Supreme Court of the United States. I called the court and confirmed that these are the applicable rules.

In a press release the American Trucking Associations said that the decision will not be effective for at least 52 days, which I believe is consistent with the above interpretation of the Court's rules. Here is a link to the ATA's press release as well as the court's opinion.

Thus, drivers and motor carriers complying with the current regulations contained in Part 395 of the FMCSRs are, in my opinion, currently operating legally. Of course much analysis of this major decision will be required and these new rules very well may become effective, but I believe these are the current highlights .

For further information please feel free to contact:

Joe Pappalardo
TIDA Board Member
GALLAGHER SHARP
Bulkley Building - Sixth Floor
1501 Euclid Avenue
Cleveland, Ohio 44115-2108
Telephone: (216) 522-1320
Fax: (216) 241-1608
e-mail: jpappalardo@gallaghersharp.com

Canadian Relations Committee launches relationship with Ontario Trucking Association
Canadian Relations Committee Chair Joel Schechter was interviewed by Marco Beghetto, Senior Editor of Today's Trucking. Please click on the link below to view the article he wrote about TIDA. This is an important step in expanding our organization and in improving the capacity of Canadian trucking organizations in defending claims in the U.S. Click: http://www.todaystrucking.com/news.cfm?intDocID=17726