Court Upholds Favorable Hours of Service Rule

NRMCA is happy to report that the current Federal Motor Carrier Safety Administration (FMCSA) Hours of Service (HOS) rules that allow numerous flexibilities for short-haul drivers such as mixer drivers have been upheld by the DC Circuit Court of Appeals. The 43-page ruling, handed down last week, was in response to a petition filed in late 2020 by the Teamsters and multiple safety advocacy groups arguing that the September 2020 HOS changes (which favored the concrete industry) don’t adequately address driver safety. The court disagreed with the Teamsters and safety advocates, stating that FMCSA had supplied enough evidence to justify the changes. The court stated that, “the Administration sufficiently explained and factually justified its conclusions that the new short-haul exemption and the 30-minute break requirement would not adversely affect safety, driver health, or regulatory compliance.” The Teamsters and the safety groups have stated they are still determining next steps for potential future challenges to HOS rules.

This decision, which is supported by NRMCA, is a huge win for the industry. The court’s decision continues to allow the ready mixed concrete industry and its sister industries to operate under the current, and more flexible, HOS rules as opposed to the stringent pre-September 2020 regulations.

Click here to review the court’s opinion. For more information, contact Kevin Walgenbach at kwalgenbach@nrmca.org.