Advocates for Highway and Auto Safety v. FMCSA (hours of service)

On June 1, 2020, the Federal Motor Carrier Safety Administration published a final rule that changes the federal regulations governing how many hours a day truck drivers may work. Among other changes, the rule alters provisions that ensure that drivers receive a 30-minute break after being on duty for eight hours and that limit short-haul drivers to working 12 hours per day.

On September 16, 2020, Public Citizen, representing Advocates for Highway and Auto Safety, the International Brotherhood of Teamsters, Parents Against Tired Truckers, and Citizens for Reliable and Safe Highways, filed a petition with the United States Court of Appeals for the District of Columbia Circuit seeking review of the rule on the basis that the changes to the short-haul provisions and 30-minute break requirement were arbitrary and capricious.

On July 26, 2022, the D.C. Circuit denied the petition.  Although the Court recognized that “aspects of the Administration’s analysis and reasoning leave much to be desired,” it held that the Administration had sufficiently justified the its conclusions that the challenged provisions would not adversely affect safety or driver health.