Lawmakers Push to Delay New Truck Driver Hours of Service Rules: Move Concerns New York Personal Injury Lawyer Kenneth A. Wilhelm

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A bipartisan group of lawmakers has asked that the federal government delay the enforcement of its latest changes to the truck driver hours-of-service rules for three months, according to a March 22 news report in Transport Topics. This is to allow a federal appeals court to issue its decision on challenges from the trucking industry to those changes.

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The new HOS rule, which was published in December 2011, requires truck drivers to take a half-hour rest break before driving for more than eight hours, the report states.

A group of bipartisan leaders in the Senate and House Appropriations Committees sent their letter to the Federal Motor Carrier Safety Administration (FMCSA) asking to delay implementation of the truck driver hours-of-service regulations set to become effective July 1. According to a March 22 report in Transport Topics, the lawmakers are asking for a three-month delay to wait for a federal appeals court to make its determination regarding challenges to the newly issued HOS rules.

The new HOS rule, which was published in December 2011, requires truck drivers to take a half-hour rest break before driving for more than eight hours, the report states. Also, it requires that drivers who use the optional 34-hour restart include two periods from 1 a.m. to 5 a.m. within the restart and that the restart can be used only every seven days. While trucking companies have spoken up against this rule asking the courts to overturn the rest break and restart provisions, safety advocates such as Public Citizen have asked that the 11-hour driving day be shortened to 10 hours and the 34-hour restart be eliminated, the report states.

The FMCSA rule is meant to keep sleepy drivers off our roadways, said New York personal injury lawyer Kenneth A. Wilhelm. "Fatigued truck drivers put everyone on the roadway at great risk. These new rules are needed to ensure that truck drivers get adequate rest before they start driving."

Truck drivers are required to maintain logs for their driving hours as well as for how much time they rest, Wilhelm said. "Truck drivers and trucking firms are required to maintain accurate logs of their drive time and rest time. These logs become important pieces of evidence in a truck accident case that is caused by a fatigued or drowsy truck driver. I truly hope the new HOS rules go into place without delay. These rules are critical for the safety of commuters."

About the Law Offices of Kenneth A. Wilhelm

The Law Offices of Kenneth A. Wilhelm is a personal injury litigation firm with an unwavering dedication to its clients. With more than 41 years of experience, our firm strives to obtain the best compensation for those who have been injured or those who have lost a loved one due to an accident or by someone else's negligence. We handle cases dealing with personal injury, medical malpractice, wrongful death, workers' compensation, dental malpractice, motor vehicle accidents, rape, paralysis, comas, seizures, false arrest, lead poisoning, trips and slips and falls, elevator accidents, construction accidents, Erb's palsy, cerebral palsy, brain damage, blindness, hearing loss, dog bite cases, fire and smoke inhalation accidents, bicycle accidents, falls from windows or scaffolds, and many other types of accidents and injuries.

Please contact us 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). We can also help with personal injury cases in New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.

Other phone numbers for us are:

1-800-RADIO-LAW, 1-888-WYPADEK, OR 1-800-LAS-LEYES

Please visit us at:

The Law Offices of Kenneth A. Wilhelm
445 Park Ave, 9th Floor
New York, NY 10022
(212) 545-7373.

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