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FMCSA Nears an Hours-of-Service Proposal

Secretary of Transportation, Norman Mineta, has indicated that the Federal Motor Carrier Safety Administration will likely issue an Hours-of-Service proposal within the next few weeks.

FMCSA Administrator Joseph Clapp would like to issue the proposed rulemaking before his announced retirement. It is anticipated that Mr Clapp will retire by the end of 2002, so this announcement by Mineta coincides with what we know about Mr Clapp's plans.

After years of silence on the this very controversial rulemaking, it comes as somewhat of a surprise that FMCSA plans on issuing it this quickly. It will be very interesting to see what the rulemaking provides for.

A few things we may look forward to:

  • The announcement indicates an "issuing of a proposed rulemaking". This would indicate that they will be issuing a new proposal for comment, rather than moving forward with the controversial final rule that the Clinton Administration tried to implement.

  • The Canadian government has recently revised its Hours-of-Service regulations. With NAFTA a significant consideration, it will be interesting to see if the proposed rulemaking will dovetail with the Canadian regulations.

  • No matter what, the rulemaking is bound to spark controversy. If it allows more flexibility for drivers and carriers there will be outrage by the "safety advocate" lobby. If it reduces current hours or flexibility, you can count on a huge cry from the trucking industry.

  • Keep abreast of these developments. This is a huge issue and will have significant impact on commercial vehicle safety, positive or negative. Let your feelings be know by submitting comments to the FMCSA.

Mr Clapp has shown during his tenure as FMCSA Administrator, that he is capable of taking on controversial issues with forethought, grace and common-sense. It looks like he may be ending his tenure on the same note.    


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