Trucking Industry Says Fatigue Rule Based On Bad Data

The largest U.S. trucking group asked federal appeals judges to throw out limits on driving time that would cost the industry $470 million a year, arguing the Obama administration exaggerated data on fatigue-caused crashes.

American Trucking Associations Inc., during arguments in the U.S. Court of Appeals in Washington, accused the Federal Motor Carrier Safety Administration of using research that favored the agency’s preferred outcome while setting driver- fatigue rules that it claims would add substantial costs without any safety benefits.

"They inflated the benefits of the new rule by using out- of-date crash information," Erika Jones, a lawyer for the trucking association, said.

The rules, set to take effect July 1, will reduce flexibility and may undermine safety by forcing drivers onto the road during rush hour, according to the trucking association, based in Arlington, VA. Jones argued that limits on early morning driving will cause delays in deliveries of perishable foods to restaurants and grocers.

Safety advocates, who also made arguments to the judges, said the measures aren’t restrictive enough.

The three judges considering the case asked few questions during the 80-minute argument. One judge signaled he might vote to uphold the regulations.

While the final rule maintained an 11-hour limit on truckers’ driving day, instead of shortening it to 10 hours as proposed, the industry objects to a requirement of a 34-hour rest period each week that would require drivers to be off two consecutive nights.

The original proposal by the agency required two 12 a.m. to 6 a.m. rest periods during the restart. Groups such as Advocates for Highway and Auto Safety had argued that loopholes in previous rules let drivers average 82 hours of work in seven days when they were supposed to be limited to 60 hours.

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