The Federal Motor Carrier Safety Administration (FMCSA) is currently inviting public comments on petitions seeking waivers from the agency’s prior decisions to preempt meal and rest break (MRB) laws in California and Washington state. The waiver petitions were submitted by various groups within the trucking industry, including the International Brotherhood of Teamsters, the Truck Safety Coalition, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, William B. Trescott, and the state of California.
The FMCSA has announced that it will make each petition for waiver available in the Documents section of the relevant docket. The agency is seeking public input on any issues raised in these waiver petitions or any other pertinent concerns. Commenters are specifically asked to address several key points:
- The impact of MRB rule enforcement on the health and safety of drivers.
- Whether enforcement of state MRB rules would worsen truck parking shortages.
- Whether a state’s MRB rules would discourage companies from operating within the state.
- Whether MRB enforcement would weaken or affect the resilience of the supply chain.
Comments can be submitted on the regulations.gov website by searching for Docket Nos. FMCSA-2018-0304 (California) and FMCSA-2019-0128 (Washington). The comment period will be open for 60 days starting on Dec. 26.
It’s worth noting that in August, the FMCSA announced its intention to consider petitions for waivers from the preemptions. On Dec. 21, 2018, the FMCSA granted petitions from the American Trucking Associations and the Specialized Carriers and Rigging Association, determining that California’s MRB rules are preempted by federal hours of service rules. On Nov. 27, 2020, a petition from the Washington Trucking Association was granted, with the FMCSA determining that Washington’s MRB rules are also preempted by federal regulations. The basis for these preemptions was that the states’ MRB rules were deemed more stringent than federal regulations and met the potential criteria for preemption under the U.S. code.
Public engagement from truck drivers is a crucial part of the industry’s rule-making process. These comment periods allow diverse perspectives and concerns to be considered. This opportunity for input emphasizes that each voice holds the potential to influence the outcome, ensuring that regulations are not only effective but also reflective of the best interest of the entire industry.
Source: Commercial Carrier Journal
