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OOIDA Continues to Fight Sleep Apnea Guidelines

The Owner-Operator Independent Drivers Association, an American trade organization founded in the 1970s to represents professional truck drivers, has decided to continue its fight against the latest sleep apnea guidelines enforced by the Federal Motor Carrier Safety Administration.

A three-judge panel from the United States Eighth Circuit Court of Appeals originally dismissed the case in January. The Owner-Operator Independent Drivers Association responded by filing a motion for every judge on the Eighth Circuit to hear the case. If the court rejects their motion, the Owner-Operator Independent Drivers Association may decide to appeal their decision which would take the case to the Supreme Court. 

According to the motion, the association asserts that the Federal Motor Carrier Safety Administration violated a 2013 Congressional statute which forbids them from regulating the sleep apnea screening for truck drivers. The law also required that they give a public notice whenever they made changes to the sleep apnea screening procedures. The Owner-Operator asserts that the Federal Motor Carrier Safety Administration violated that regulation in 2015 when it added provisions for sleep apnea in with another rule so the public wouldn't get significant notice and be able to comment on it. Meanwhile, the Federal Motor Carrier Safety Administration argued in court last year that their sleep apnea provisions did not substantively change the agency's guidance to examiners regarding referrals for in-lab sleep apnea testing.   

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