The Owner-Operator Independent Drivers Association said it plans to appeal a court’s decision to dismiss its lawsuit that alleged the FMCSA bypassed the rulemaking process in order to regulate obstructive sleep apnea.
The U.S. Court of Appeals for the Eighth Circuit heard oral arguments on Nov. 15 and dismissed the case in January.
“What is the problem with this going forward without the rulemaking process? It makes OOIDA members and other truck drivers face expensive and unpredictable standards,” said Paul Cullen Jr., an attorney for OOIDA. “These decisions can disqualify drivers from operating a truck.”