The Meal-Rest Break Pre-emption ruling has raised concerns and sparked quite a massive debate. The Federal Motor Carrier Safety Administration gladly welcomes petitions for waivers from its decisions in 2018 and 2020. FMCSA decided to pre-empt the law requirement regarding truck drivers' meals and rest in California and Washington states.
The Meal-Rest Break
As per the Transport Topics, employees can take certain breaks. They have a 30-minute meal break if they work more than 5 hours daily. They also have a second 30-minute break if they work over ten hours daily. In this case, they are also to take an extra 10 minutes off after every four hours. These breaks are duty-free. On the other hand, the federal law states otherwise. It says a commercial vehicle truck driver can take a 30-minute break during the first eight hours if loaded. The break is not limited to any given period. They can take it at whichever time suits them.
In 2018, FMCSA ruled that it could not proceed with the California Law nationwide, and in 2020, it added that it could not enforce it in Washington State. FMCSA's decisions were purely based on petitions from those involved in transportation. ATA has been adamant and is against any sort of waiver. They have been clear on their intention and are ready to battle FMCSA on this one.
ATA is for standard laws across the entire trucking industry. They claim that standard rules are essential for safety and the supply chain. ATA feels like federal laws are all the industry needs. They state that there is no reason for different states to develop other laws for whatever reason. ATA feels like these states seek to extort the drives and the industry. ATA is against such lawsuits since they would cause havoc to the industry. They would affect the supply chain big time.
Why the Pre-emption
The pre-emption was upheld in court back in January 2021. The California rules only apply in California. The ruling also means that states cannot impose rules on the rest of the truckers. FMCSA supported the decision for some reasons. California required more breaks, with much more flexibility. FMCSA is now open to stakeholders challenging the exemption. They have not provided any reasons why they are now open to petitions against the exemption.
The petitions can be submitted at any time. However, determinations will be made by November 13, 2023. FMCSA intends to publish any waivers it receives. They want it to be as transparent as possible. They will then open a public comment period. FMCSA claims that rest and meal breaks have no safety benefits and feels that these rules are an unnecessary burden to the industry.
As pointed out by FMCSA, the petitioners are open to filing concerning a few aspects. They can touch on the impact on their safety and health. They should address any issues related to how parking is affected. They should also highlight any issues related to the effect on the supply chain. The main aim is to provide a conducive environment for truckers.
