FMCSA Now Accepting Meal-Break Rule Petitions
The Federal Motor Carrier Safety Administration (FMCSA) has begun to evaluating requests for exemptions from the agency’s previous determinations in 2018 and 2020 that California and Washington State’s break regulations for commercial drivers were preempted by federal law.
In an announcement published in the Federal Register on August 14, the FMCSA has called for waiver petitions to be submitted by November 13. Any received petitions will be made public, and an opportunity for public commentary will be provided.
Transportation legal experts from Scopelitis, Garvin, Light, Hanson & Feary highlighted in an email alert dated August 11, that “Prior to the FMCSA’s preemption determinations, motor carriers were frequently confronted with class-action lawsuits demanding substantial penalties related to alleged violations of meal and rest break regulations in California and Washington.”
The notification clarified that California and Washington are not obligated to prove that the FMCSA erred in deeming the laws preempted. Instead, they need to demonstrate that the “waiver is in line with the public interest in ensuring the safe operation of commercial motor vehicles.”
Scopelitis expressed concerns about the FMCSA’s notice, suggesting that it might appear to encourage states to opine that non-enforcement of meal and rest break laws adversely affects driver health and safety. Such an opinion would directly contradict the FMCSA’s prior stance that these laws did not offer any additional safety advantages beyond the hours of service regulations.
ATA Asserts Need for National Standard
The American Trucking Associations has rapidly criticized this action and pledged to vigorously oppose it. ATA President and CEO Chris Spear stated, “Establishing a uniform, nationwide set of work rules for professional drivers is essential for both safety and the logistical supply chain.”
Spear further emphasized, “Congress initially addressed this matter many years ago through the enactment of F4A, and the U.S. Court of Appeals for the Ninth Circuit reaffirmed the USDOT’s authority to preempt state regulations in a unanimous decision in 2021. Rest breaks for drivers are already mandated under federal law.”
The Truckload Carriers Association also voiced its opposition to the notion of exemptions. David Heller, Senior Vice President of Safety and Government Affairs at TCA, stated, “TCA opposes any initiative to implement the California and Washington state meal and rest break laws, and supports the adoption of federal regulations governing meal and rest breaks.”
Teamsters Rally Behind FMCSA’s Step In contrast, the Teamsters Union expressed its approval of the FMCSA’s decision. Sean M. O’Brien, General President of the Teamsters, remarked, “FMCSA Administrator Robin Hutcheson is taking a positive step by entertaining applications for waiver petitions. States should have the autonomy to safeguard drivers and travelers by instituting more stringent meal and rest break requirements for professional drivers. This is pivotal in averting accidents not only for commercial vehicle operators but for all road users.”
Key Elements of Meal-Break Waiver Petitions
The FMCSA has stipulated that any waiver petition must address the following aspects:
- Impact of enforcement of state meal and rest break laws on the health and safety of intrastate property-carrying and passenger-carrying commercial motor vehicle (CMV) drivers.
- Implications of enforcing state meal and rest break laws on interstate property-carrying or passenger-carrying CMV drivers, including potential exacerbation of truck parking shortages, increased roadside parking, effects on interstate commerce, potential dangers to drivers and the public, and any proposed mitigation measures.
- Consequences of enforcing a state’s meal and rest break laws on interstate property-carrying or passenger-carrying CMV drivers on carriers’ willingness to operate in that state, potential weakening of the national supply chain’s resilience, and any intended actions to counter or mitigate such effects.
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