From the HDT archives (2019): Not Everyone's Happy with FMCSA's Preemption of California Break Rules
FMCSA Will Accept Meal-Break Rule Petitions; ATA Vows to Fight
If you thought the issue of federal driver hours of service rules pre-empting stricter state meal and rest break laws was settled, FMCSA has other ideas.

How often must drivers take meal and rest breaks?
Photo: Jim Park
The Federal Motor Carrier Safety Administration announced it will consider petitions for waivers from the agency’s 2018 and 2020 determinations that California and Washington State’s break rules for commercial drivers were pre-empted by federal law.
In a notice scheduled to be published in the Federal Register on Aug. 14, FMCSA asked for waiver petitions to be submitted by Nov. 13. FMCSA will publish any petitions it receives and provide an opportunity for public comment.
As noted by the transportation attorneys at Scopelitis, Garvin, Light, Hanson & Feary in an Aug. 11 email alert, “Before the FMCSA preemption determinations, motor carriers frequently faced class actions seeking millions of dollars in penalties related to alleged meal and rest break violations in California and Washington.”
The notice explained that California and Washington would not need to demonstrate that the FMCSA made a mistake when it determined the laws were pre-empted. They need only to demonstrate that “the waiver is consistent with the public interest in the safe operation of commercial motor vehicles.”
ATA: National Standard Needed
The American Trucking Associations swiftly condemned the action and vowed to “stop this in its tracks.”
“Ensuring a singular, national standard of work rules for professional drivers is crucial to both safety and the supply chain,” said ATA President and CEO Chris Spear in a statement.
“Congress first addressed this issue decades ago by passing F4A, and the USDOT’s authority to pre-empt state rules was unanimously reaffirmed in a 2021 ruling by the U.S. Court of Appeals for the Ninth Circuit.
“Federal law already mandates rest breaks for drivers.
"Unnecessary and duplicative state laws are not grounded in safety and have been primarily enforced via private lawsuits designed to extort the trucking industry. Opening the door to this spurious litigation once again would impair the safe and efficient movement of interstate goods.
“ATA is fully prepared to oppose this effort that would result in a confusing patchwork of regulations. We will leverage all of our federation’s resources to stop this in its tracks.”
The Truckload Carriers Association also said it's against the idea of exemptions. In a statement from David Heller, TCA sernior vice president of safety and government affairs, he said the association "opposes any effort to institute the California and Washington state meal and rest break laws and supports the implementation of the federal rules pertaining to meal and rest breaks."
Teamsters Support FMCSA's Move
The Teamsters, however, issued a statement applauding FMCSA's move.
“FMCSA Administrator Robin Hutcheson is taking steps in the right direction by accepting applications for waiver petitions,” said Teamsters General President Sean M. O’Brien. “States should have the freedom to protect motorists and workers by implementing stronger meal and rest break requirements for professional drivers. This prevents tragedy — not just for commercial vehicle operators, but for everyone who uses our highways.”
What Meal-Break Waiver Petitions Should Include
The FMCSA requests that any waiver petition address the following issues:
Whether and to what extent enforcement of a state’s meal and rest break laws with respect to intrastate property-carrying and passenger-carrying CMV drivers has impacted the health and safety of drivers.
Whether enforcement of state meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will exacerbate the existing truck parking shortages and result in more trucks parking on the side of the road, whether any such effect will burden interstate commerce or create additional dangers to drivers and the public, and whether the applicant intends to take any actions to mitigate or address any such effect; and
Whether enforcement of a state’s meal and rest break laws as applied to interstate property-carrying or passenger-carrying CMV drivers will dissuade carriers from operating in that state, whether any such effect will weaken the resiliency of the national supply chain, and whether the applicant intends to take any actions to mitigate or address any such effect
“The FMCSA’s notice is particularly troubling as it appears to invite the states to opine that the non-enforcement of the meal and rest break laws has been detrimental to driver health and safety,” said Scopelitis. “Any such opinion would be directly contrary to the FMCSA’s prior determination that those laws did not provide any additional safety benefit over those provided by the hours of service regulations.”
Updated 8/15/23 to add TCA comment
Updated 8/16/23 to add Teamsters comment
More Drivers

When Language Stops the Truck: The Return of ELP Out-of-Service Orders
English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.
Read More →
Samsara Launches Custom AI Agent Builder
Agent Studio lets fleets create AI tools for hours-of-service monitoring, reporting and driver support, including agents that communicate by phone.
Read More →
Trucker Path Expands Reserved Parking Network
Trucker Path has added close to 6,000 more truck parking spaces to its Trucker Path Reserved Parking Network with the addition of Safe Truck Parking.
Read More →
EEOC Sues Texas Trucking Company Over Driver Age Limits
The agency says Trancasa USA rejected applicants over 65 and applied tougher driving-record standards to those over 60.
Read More →
Nussbaum, Roehl Announce Second Driver Pay Increase This Year
This year has seen a swath of major truck driver pay increases as freight capacity has tightened.
Read More →
From One Generation to the Next: How Mentorship Builds Safer Truck Drivers
After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.
Read More →
Truck Drivers Need More Than Another Alert
Fleets have more visibility into truck health, safety events, and driver activity than ever. The next challenge is turning all that information into useful guidance for the person who has to decide what to do next.
Read More →
FMCSA Removes 110 Truck Driver Training Schools from Certified ELDT List
Federal regulators also are targeting more than 160 additional training providers and launching a nationwide audit of third-party CDL skills testers as part of a broader crackdown on trucking fraud.
Read More →
Hours of Service Pilot Programs: FMCSA Readies for 2027 Rollout
Two pilot programs could eventually reshape hours-of-service rules, giving truck drivers options to pause their 14-hour clock or use longer split sleeper rest periods.
Read More →
Medical Cards, English Proficiency Reshape Roadcheck Violations
Medical-card violations jumped to the top of the driver out-of-service list during CVSA’s 2026 International Roadcheck, while English-language proficiency violations appeared among the leading violations for the first time.
Read More →
