WASHINGTON — The Federal Motor Carrier Safety Administration’s announcement last week that it will consider waiving federal preemption over meal and rest breaks laws in California and Washington caught some off guard, given that in 2018 the agency determined that those state regulations were preempted by the FMCSA’s own authority.
That determination, made at the request of the American Trucking Associations, was based in part on FMCSA’s opinion at the time that, with safety being the agency’s top priority, “having uniform rules is a key component to increasing safety for our truck drivers,” according to Ray Martinez, FMCSA’s administrator then
“During the public comment period, FMCSA heard directly from drivers, small business owners, and industry stakeholders that California’s meal and rest rules not only pose a safety risk, but also lead to a loss in productivity and ultimately hurt American consumers,” Martinez elaborated on that reasoning in a Facebook video post.
But Martinez’s FMCSA clashed with a determination made 10 years previous, in 2008, when a group of 11 carriers operating in California petitioned FMCSA for a similar preemption ruling. The agency ruled then that it lacked the authority to do so.
“Because the California meal and rest break rules are not ‘regulations on commercial motor vehicle safety,’ the agency has no authority to preempt them” under federal statute, FMCSA stated. “Furthermore, that statute does not allow the preemption of other state or local regulations merely because they have some effect on [commercial motor vehicle] operations.”
After being sued three years later by a group of appliance delivery drivers in California, Penske Logistics, one of the carriers that had asked for the 2008 determination, was able to dispose of the case in district court based on federal preemption under the Federal Aviation Administration Authorization Act of 1994.
In 2014, however, the drivers won on an appeal to the U.S. Court of Appeals for the 9th Circuit, with the FMCSA filing an amicus brief in their support.
“The agency [FMCSA] has specialized expertise in the regulation of motor carriers as well as broad statutory to determine whether state laws addressed to commercial motor vehicle safety should be preempted,” FMCSA stated in its brief.
“And the agency is uniquely qualified to assess the impact of state laws on the motor carrier industry in general and on federal safety regulations in particular. All these factors indicate that the agency’s views on the preemptive scope of the statute and federal regulations are entitled to substantial deference.”
With truck crashes trending up and a National Roadway Safety Strategy in place, FMCSA is under pressure to show it is doing everything it can to improve safety, which may include leveraging its waiver power under the agency’s federal preemption authority.
“The agency encourages waiver petitioners to include arguments that do not depend on a conclusion that the agency’s preemption determinations were erroneous,” FMCSA stated in its notice published in the Federal Register on Monday.
The Teamsters Union, which opposed ATA’s 2018 petition and FMCSA’s subsequent rulings on federal preemption in California and Washington, is “currently exploring our options” a Teamsters spokesman told FreightWaves when asked if the union would apply for a waiver.
The Teamsters believes FMCSA “is taking steps in the right direction” by accepting waiver requests, commented Teamsters General President Sean O’Brien.
“States should have the freedom to protect motorists and workers by implementing stronger meal and rest break requirements for professional drivers,” O’Brien said. “This prevents tragedy — not just for commercial vehicle operators, but for everyone who uses our highways.”
Wayne B.
I think things were so much SAFER, 20 years ago. All this bull crap about ELDs, and watching truckers every single move is ridiculous!! The crash rate has went up because there’s too many drivers that really just don’t know what they’re doing. America runs on trucks, not gas !! I drove otr for 16 years before I decided to stay home for awhile. I was in a very bad accident in my dumb truck, and was unable to work anymore. It’s been over 15 years since that happened. I’m 54 now, but even if I could go back to driving I don’t know if I’d want too. Wayne too many stupid rules. Less accidents, not trucks fault, less crap on drive time, and loads were getting delivered on time!!! Leave the American Trucker Alone and things will go alor smoother !!!
Cynthia Patrick
When you can’t read or understand English language and come from a country which has no rules for transportation, you will have an increase in accidents. No wonder the number for safety are going the wrong way. But forcing too many rules in the name of safety you have removed all the good drivers we used to have.
Steve Wulfeck
As a first time reader of this issue, this article doesn’t articulate what the meal/rest issue is even about. There is no underlying context plainly stated.
Juan Pujols
The 30 min break should be done with. It is unsafe to be parked in various area on interstate.
Drivers have to park where is unsafe due to 30 min break.
Drivers run to make ends meet.
Richard Davis
Why isn’t more made out of the fact that the DOT or the FMCSA said it is UNSAFE for Livestock haulers to use ELDs? If it is UNSAFE for them, it would be for others
Richard Davis
Even though the word safety is in the name of the FMCSA, safety doesn’t really have a lot to do with what they do. A lot of the things the FMCSA does, hinder’s safety. The ELDs is a perfect example. Safety on the roads have gotten worse since ELDs were implement. No big surprise since ELDs count every single minute. That forces drivers to rush, hurry, and speed to try and save or gain minutes. If they want to keep ELDs, then eliminate the 70-hour limit. That will stop the need to rush and cut corners for minutes. The FMCSA needs to stop making safety worse with their rules and regulations. They even admitted ELDs were UNSAFE when they exempt livestock haulers from using ELDs. They said they could not do their job in a safe manner using an ELD. If ELDs are unsafe for livestock haulers, they will be unsafe for someone pulling a Van, Flat, Refer or Tanker, don’t you think.
Kenneth Freeman
Truck drivers need their proper rest. They need to eat properly as well, so that they can do their job as a professional driver. That includes getting the product or materials to its destination in safe and professional way. Safety is always first.