FMCSA Approves ATA’s Meal and Rest Break Petition

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, not everyone is happy with the FMCSA’s decision to approve the petition. On December 28, the Teamsters petitioned the Ninth Circuit Court of Appeals to review and reverse FMCSA’s preemption of California meal and rest break requirements. A briefing of the petition is scheduled for mid-March. For more information, read the article published by Heavy Duty Trucking.

The Teamsters said in a December 30 statement that, “FMCSA’s suggestion that California’s meal and rest break rules negatively impact highway safety is ludicrous. The idea that providing a 10-minute rest break after four hours and a 30-minute meal break after five hours somehow makes the roads less safe is beyond comprehension. This is simply a giveaway to the trucking industry at the expense of driver safety.”

We will monitor the Teamsters petition and any other lawsuits that result as a response to this decision.

Articles that Report on FMCSA’s Decision
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