"So, round and around and around we go,
Where the world's headed, nobody knows
Oh, Great Googamooga,
Can't you hear me talking to you,
Just a ball of confusion,
That's what the world is today, hey."
-The Temptations
Background
In 1995, Congress directed the Department of Transportation to establish new Hours of Service rules which had been in place unchanged since 1939. Since that time, confusion and uncertainty has been the status quo. In 2004, the DOT published new rules which were promptly subject to a legal challenge. After a reversal by the D.C. Circuit Court of Appeals, in August 2005, the DOT issued new rules limiting a driver's flexibility in use for the sleeper berth. Again in 2007, the rule was reversed by the courts on procedural grounds. In December, 2007 the DOT issued the rule addressing the procedural issues, which became final in November 2008. In March 2009, litigation again ensued and in October 2009, officials newly appointed by the Obama administration entered into a settlement agreement wherein the DOT agreed to reconsider and reissue the rules. As a result, in late 2010 the DOT issued a new proposed rule to be adopted, and no doubt followed by more litigation, in 2011.... Read More