NRF and NCCR Continue Fight Against New Federal Trucking Regulations

Supply chain providers file amicus brief before the U.S. Court of Appeals opposing new federal trucking regulations

Washington, D.C.July 31, 2012—The National Retail Federation (NRF) and its National Council of Chain Restaurants (NCCR) division joined a coalition of manufacturers, shippers and transportation providers to file an amicus brief before the U.S. Court of Appeals opposing new federal trucking regulations on drivers’ hours-of-service, stating the regulations were arbitrary and capricious.

“The retail industry is at the crossroads of the supply chain, interconnecting manufacturers and suppliers with vendors and customers,” said Matthew Shay, President and Chief Executive Officer, NRF. “It is the retail industry’s responsibility to get products to market and into consumers’ hands in a safe and timely manner. It is a responsibility that we hold dear. Any new regulation that impedes that ability increases our transportation costs, increases consumer prices, and jeopardizes the fragile economic recovery.”

The joint friend-of-the-court brief challenges the Federal Motor Carrier Safety Administration’s (FMCSA) new hours-of-service regulations. The new rules require mandatory and specified truck driver work breaks, rest periods; and changes the already existing 34-hour restart period to include consecutive nights off. NRF had previously filed comments with the FMCSA during the rulemaking process to express the retail industry’s concerns.

“The Administration failed to take into account the serious economic ramifications faced by the broader supply chain community when drafting these rules,” Shay continued. “NRF and NCCR believe that the new requirements will only drive up costs, make trucking less safe, increase congestion and ultimately hurt job growth and the economy. Any change in supply chain policy should be based solely on science and fact.”

The joint brief also supports another FMCSA decision that preserved the 14-hour driving window and 11-hour on-time driving requirement. This aspect of the regulation is being challenged in court by Public Citizen.