OOIDA appeals ruling to full Eighth Circuit

A motion filed by the Owner-Operator Independent Drivers Association with the U.S. Court of Appeals for the 8th Circuit could have an impact on Missouri truckerss. The OOIDA claims that the Federal Motor Carrier Safety Administration illegally altered sleep apnea testing rules. According to the OOIDA, a 2013 law required the FMCSA to use the formal rulemaking process to make changes to sleep apnea screening and testing regulations.

However, the group says that the FMCSA used guidance instead. Among the changes the OOIDA claims were made illegally include a charge that DOT physicals were required to be uploaded to the FMCSA within 24 hours. This was done by adding a provision into a broader rule that changed forms used by those performing DOT physicals. The rulemaking process involves a public notice and comment period before any changes can be made. According to the FMCSA, its actions did not substantively change the rule.

Three judges ruled against the OOIDA in January, which is what prompted the en banc appeal to the 8th Circuit. If the full panel rules against the OOIDA, it may be possible to appeal to the Supreme Court. If the OOIDA is successful, it may result in the provision being thrown out.

Those who are injured in a truck crash may be entitled to compensation for damages incurred in the accident. This may include current and future medical bills, lost wages or the cost to replace property that was lost or destroyed in the collision. An attorney may be able to review the case to determine if truck driver negligence caused the wreck. Negligent acts may include going too fast for road conditions, driving while tired or driving a truck that has not been properly inspected.

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