The FMCSA is under a congressional deadline of September 30, 2005 to reexamine the April 2003 hours-of-service rule. A July 2004 decision by a federal appeals court overturned the rule, specifically due to concerns about the regulations' impact on the health of drivers.

The FMCSA is proposing to amend the hours-of-service recordkeeping requirements to clarify that the duty of the motor carrier is to verify the accuracy of the drivers' hours of service and records of duty status, and the driver's duty is to submit all supporting documents. The agency also proposes to require carriers to maintain supporting documents with the records of duty status.