FMCSA Says California Meal/Break Regs Applicable to Commercial Drivers
The Federal Motor Carrier Safety Administration rejected a petition to exempt commercial vehicle drivers subject to federal hours of service regulation from the California laws and regulations requiring employers to provide employees with meal and rest breaks
The Federal Motor Carrier Safety Administration rejected a petition to exempt commercial vehicle drivers subject to federal hours of service regulation from the California laws and regulations requiring employers to provide employees with meal and rest breaks.
The agency ruled that petition does not satisfy the threshold requirement for preemption under 49 U.S.C. 31141(c) because the provisions at issue are not "laws and regulations on commercial
motor vehicle safety," but rather laws and regulations applied generally to California employers.
On July 3, 2008, James H. Hanson, Esq., Scopelitis, Garvin, Light, Hanson & Feary, P.C., petitioned the Federal Motor Carrier Safety Administration on behalf of a group of motor carriers to preempt the California statutes and rules requiring transportation industry employers to give their employees meal and rest breaks during the work day, as applied to drivers of commercial motor vehicles subject to the FMCSA hours-of-service regulations.
The petitioners argued that "motor carrier operations are carefully timed to take advantage
of the flexibility available under the HOS Regulations and, in some instances, to take advantage of the full complement of driving hours provided as well. Some carriers schedule driver meals to take place at carrier facilities once the driver has delivered a load so that unloading, sorting, and loading of outbound shipments can take place during the break. The Meal and Rest Break Rules, by mandating when meals breaks must be taken, interfere with such arrangements, meaning that the driver will miss the inbound appointment, which in turn has the domino effect of delaying outbound operations."
In addition, they noted that because drivers must find a place to pull over, park and shut down their equipment before the break can start, "as a practical matter, the Meal and Rest Break Rules impose a much greater burden on the driver than a simple reading of the rules ... would at first suggest, and the burden is exacerbated in congested areas."
You can read the full notice in the Federal Register here.
More Drivers

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 →
Driver Trust Can Make or Break the Success of Fleet Safety Technology
New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.
Read More →
EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training
KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.
Read More →
FMCSA Moves to Codify English Language Requirements for Commercial Drivers
By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.
Read More →Drivers Put Western Star Trucks to the Test at Star Nation Experience
Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!
Read More →
