FMCSA Approves ATA’s Meal and Rest Break Petition
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On December 21, the FMCSA approved ATA’s petition that Federal Meal and Rest Break rules preempt California meal and rest break rules. The ATA opened the petition for required comment period in October. The FMCSA received 700 comments. After reviewing and analyzing the comments, they approved the petition. The FMCSA determined that the California meal and rest breaks rules reduce productivity, have no safety benefit, create a needless burden on drivers, and a patchwork of regulations that disrupts interstate commerce.
The approval of the petition is a great victory for the industry that will help to increase uniform and consistent regulations. However, we urge our members to consult with their counsel on how to proceed as there are several additional considerations during the implementation of this decision:
* Parties may petition for review of the decision to federal appellate courts within 60 days. The Teamsters have already petitioned for such review in the Ninth Circuit and briefing is scheduled for the Spring.
* The Labor Secretary is constitutionally restricted from declaring a California statute preempted or failing to enforce such a statute until an appellate court upholds the FMCSA preemption determination (Article 3, Sec. 3.5 of Cal Constitution).
* This preemption determination only applies to drivers subject to federal hours of service. Therefore, we would not expect this to restrict California’s ability to enforce meal and rest breaks for intrastate commerce, to the extent that the driver is not subject to federal hours of service (i.e. hazmat or a driver re-entering intrastate commerce after a period on interstate HOS), however, both CTA and ATA staff will be having further discussions on this issue.
Media coverage of the FMCSA decision is below:
Carriers, drivers exempt from California break laws, FMCSA rules
Overdrive, December 21, 2018
FMCSA strikes down California meal and rest break rules
FreightWaves, December 21, 2018
DOT Rules Federal Laws on Breaks for Truckers Preempt California Regulations
Wall Street Journal, December 21, 2018
