FMCSA Seeks Comments on Washington State Break Rules

Last week, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on a petition submitted by the Washington Trucking Associations (WTA) requesting a determination that Washington State’s Meal and Rest Break Rules, as applied to drivers of commercial motor vehicles subject to FMCSA’s hours of service regulations, are preempted by Federal law. FMCSA previously determined in December 2018 that California’s meal and rest break rules, as applied to property-carrying commercial motor vehicle drivers, are preempted by Federal Law. (TIA supported the CA determination but did not file comments.)

The Washington rules require employers to provide employees with a meal period of at least 30 minutes for every 5-hour work period, and a 10-minute break for every 4-hour work period. WTA’s petition asserts that, like California’s requirements, the Washington rules are “additional to or more stringent than FMCSA’s rules.” The petition also claims that the Washington rules have no safety benefit beyond those provided by FMCSA’s rules, are incompatible with the Federal hours of service regulations, and impose an unreasonable burden on interstate commerce.

Comments are due Nov. 8, 2019. Reference Docket Number FMCSA–2019–0128. More information on submitting comments can be found here.

 

If you have any questions, please contact TIA Advocacy at advocacy@tianet.org or 703.299.5700.