General Update

Posted on February 28, 2012 
Filed Under GENERAL, HOURS OF SERVICE, IN THE NEWS, POLITICS

Well, I swore I would keep the blog site current, and it seems I keep having trouble doing it. One of the things I am really struggling with is not posting for all the world to see every last thing I think or believe. Some of that is controversial, and probably will not ultimately help my business.

The ATA filed suit against the agency a few weeks ago over the new hours of service rules. I was getting worried, it was starting to look like they might just let the agency get away with the new rules. Let’s give credit to ATA. Filing suit is not easy, it takes a lot of time and resources, so ATA is stepping up and fighting on behalf of the entire industry. There is simply no evidence the new rules will reduce crashes. It could be argued the new rules will actually increase crashes. So, not only do the new rules make the industry less efficient and profitable, it does so for no corresponding safety benefit.

Of course, last week, the “safety” advocacy groups also filed suits, insisting that the FMCSA adopt a 10 hour rule, in addition to all the other restrictions they are trying to implement.

The fate of the new hours of service rules will most likely be determined on the first Tuesday in November. If Obama wins re-election, you will almost certainly get the new rules, followed closely by a change to 10 hours driving, instead of 11. If Obama loses, the new rules may be erased.

The agency has announced it will not have its Electronic On-Board Recorder mandate ready this year. Thank God. I said when the court bounced their previous rulemaking that they would not give up. The court ruling, however, forces the agency to do a ton of work in order to make their rulemaking pass judicial muster. Apparently, they will be unable to get all of this work done this year. Again, this is a rulemaking whose fate could be tied to the elections. A re-election of Obama ensures the EOBRs will be mandated. The only thing which could stop them at that point is action in the courts, which is still possible. Even if Obama loses, I think it is still a distinct possibility the EOBRs will be mandated, as ATA wants to force everyone to have them for economic reasons.

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