Case Summary

Allegations

In November 2002, the parties petitioned the court for a writ of mandamus ordering the Secretary of Transportation to issue a rulemaking on commercial motor vehicle driving training requirements.  A settlement was reached and the agency agreed to publish a final rule implementing entry-level training requirements no later than May 31, 2004. On August 15, 2003, the Federal Motor Carrier Safety Administration published notice of proposed rulemaking.  They elicited comments and issued a final rule in May 2004.  The petitioners, concerned with highway safety and the industries affected by training requirements, sought review of FMCSA’s final rule because of the striking incongruity between the methods of training previously shown to be effective and the regimen adopted in the final rule.  The court agreed and remanded the final rule to the agency for further rulemaking. 

FMCSA issued a new proposed rulemaking on December 26, 2007.  OOIDA filed comments on May 23, 2008.  A final rule has not been issued. 

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Court Documents

• Petitioners' Brief Part I 04.21.05
• Petitioners' Brief Part II 04.21.05
• Petitioners' Brief Part III 04.21.05
• Federal Register: Minimun Training Requirements 12.26.07
• Petitions for Review of a Final Rule 12.02.05
• Petition for Review 07.16.04