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Launched in 2001, USLAW is an organization of independent law firms with offices throughout the United States. Through USLAW, these firms share information in order to enhance the speed, efficiency and quality of legal services provided to each member's clients. By sharing this information, USLAW firms provide high quality legal services, without unnecessary expense to the client. |
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District of Columbia Court of Appeals Invalidates New Hours of Service Rule
On July 16, 2004, the U.S. Court of Appeals (DC Circuit) issued a decision in Public Citizen V. FMCSA et al. The Court found that the current hours of service regulation promulgated in April of 2003 and effective on January 4, 2004 was not properly promulgated and vacated the current hours of service rules. Specifically, the Court found that the FMCSA failed to consider the impact of the new rules on the health of drivers, a factor that it must consider under 49 U.S.C. 31136.
The FMCSA has announced that under the rules of procedure, it has 45 days within which to review the decision and decide whether or not to appeal or seek other remedies. At least during this 45-day review period, the existing hours of service rules for truck drivers will remain in effect.
Click the following link for the opinion. http://www.uslawnetwork.org/servlet/viewWhitePaper?gmr_id=21&dbtb=upload_files
[PRINTER FRIENDLY VERSION]
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