SC&RA Submits Comments to FMCSA on Efforts to Undermine Preemption of Meal & Rest Break Rules

(February 29, 2024) -On Monday, February 26, SC&RA formally commented (read comments) to the Federal Motor Carrier Safety Administration concerning petitions the agency is considering waiving preemption of California and Washington State's Meal and Rest Break rule for commercial motor vehicle operators.  In 2018, SC&RA successfully petitioned FMCSA to exercise its preemption authority to stop California's rule as an unreasonable burden to interstate commerce.  FMCSA concurred then, and again in 2020 concerning Washington State - decisions that were soundly backed by the 9th Circuit Court of Appeals in 2021.

Unfortunately, a number of stakeholders have attempted to reopen what had already been clearly settled years ago by petitioning FMCSA to waive its preemption, effectively allowing the state-level meal and rest break rules to go back into effect.  SC&RA members moving oversize overweight permitted vehicles and loads already face the challenges of the lack of uniformity of state-level permit policies.  SC&RA firmly opposes efforts to undermine the federal preemption of state meal and rest break rules, which is counterproductive the safer, more efficient industry our members lead every day. For more information, contact SC&RA Vice President Transportation Chris Smith.