U.S.Department of  Transportation 
400 - Seventh St., SW
Washington, DC 20590                                                                                                                                          

Federal Motor Carrier

Safety Administration

______________________________________________________________________________

October 5, 2004

STATEMENT OF
ANNETTE M. SANDBERG, ADMINISTRATOR
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
REGARDING CONGRESSIONAL ACTION ON THE HOURS-OF-SERVICE RULE

The Federal Motor Carrier Safety Administration (FMCSA) recognizes the intent of the Congress in adopting the hours-of-service (HOS) provision as part of the highway reauthorization extension (HR 5183) passed September 30 is to avoid widespread disruption within the motor carrier industry and to enhance effective enforcement of the HOS requirements.

We believe the new rule, announced in April 2003, significantly advances commercial vehicle safety by extending drivers’ required off-duty time from 8 to 10 hours, shortening on-duty time from 15 to 14 hours, and preventing extension of the workday.  The rule increases each driver’s opportunity to get sufficient rest.  This improves drivers’ “physical condition” ¾ an important boost to highway safety.

FMCSA remains committed to rules that address the safety challenges of a diverse industry through clear, enforceable, science-based steps.  Accordingly, we have accelerated the September 1, 2004, Advance Notice of Proposed Rulemaking, describing the agency’s request for information on the costs and benefits associated with Electronic On-Board Recorders.  Also, the agency has contracted for literature reviews on the effect of hours-of-service regulations on driver health.  This will provide the information necessary for revising the HOS rule.

The action by Congress means the new hours-of-service rules stay in effect and will be enforced until September 30, 2005, or until such earlier time as FMCSA issues a revised rule addressing the concerns of the U.S. Court of Appeals for the District of Columbia Circuit stated in Public Citizen et. al. v. FMCSA.

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