Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

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.

Deborah Lockridge
Deborah LockridgeEditor and Associate Publisher
Read Deborah's Posts
August 11, 2023
FMCSA Will Accept Meal-Break Rule Petitions; ATA Vows to Fight

How often must drivers take meal and rest breaks?

Photo: Jim Park

4 min to read


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.

Ad Loading...

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.”

Ad Loading...

“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."

Ad Loading...

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:

  1. 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.

  2. 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

  3. 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

Ad Loading...

“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

Photo of smiling truck driver Harold Perry with arms crossed in front of Southeastern Freight Lines truck
DriversSeptember 17, 2026

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 →
Illustration with driver behind the wheel, an alert sign, and a laptop
Driversby Lauren FletcherSeptember 9, 2026

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 →
Two men in jackets with Homeland Security indicated on the back, standing in a parking lot looking toward a building with trucks in front of it
Driversby Deborah LockridgeSeptember 1, 2026

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 →
Ad Loading...
Illustration of tired truck driver, electronic logging device, and traffic congestion

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 →
Illustration with safety cones in background, Roadcheck logo, cargo tiedowns, and officer checking driver logs
Safety & Complianceby Deborah LockridgeAugust 26, 2026

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 →
Illustration of data privacy, big brother concept, and truck driver behind the wheel
Safety & Complianceby Deborah LockridgeAugust 17, 2026

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 →
Ad Loading...
Illustration incorporating a gavel, the back of a driver training trailer, and art showing a blue female shape standing out in a row of male shapes.
Driversby StaffAugust 11, 2026

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 →
Safety & Complianceby Deborah LockridgeAugust 10, 2026

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 →
YouTube thumbnail showing two Western Star trucks with the text "Behind the Experience: Western Star Star Nation"
Equipmentby Lauren FletcherAugust 3, 2026

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 →
Ad Loading...
American flag in background with photos of military truck and Freedom Haulers ad graphic
Driversby Deborah LockridgeJuly 30, 2026

Trump Administration Looks to Put More Veterans Behind the Wheel

The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.

Read More →