Breaks to eat and rest: yes or no? California Attorney General Issues Waiver Request to the FMCSA

The California Attorney General’s Office, together with the Commissioner of Labor, issued a press release in which they expressed their request for an exemption on behalf of all California commercial vehicle drivers, in an effort to protect the state’s regulations. California.

In 2018, the American Trucking Associations and the Specialized Carriers and Rigging Association petitioned the FMCSA to make necessary adjustments to California’s rest laws. At the time, the Federal Motor Carrier Safety Administration concluded that state standards were stricter than federal standards and provided no additional safety benefits.

The Federal Motor Carrier Safety Administration announced last August that it was actively seeking to receive requests for exemptions from its previous decision to rescind California’s break rules, and would be accepting such requests until November 13. The California Attorney General’s Office and the Commissioner of Labor responded to the FMCSA regarding its request for exemption requests for the rest rules in California.

Tired driving?

“Fatigued driving is especially deadly in the trucking and bus industries and contributes to accidents on California roadways. California’s meal and rest rules protect drivers and promote public safety by providing drivers with adequate time to rest before they become too tired,” stated the Attorney General.

In the application submitted to the FMCSA, it was argued that the implementation of state regulations related to meal and rest breaks would have a significant impact on the well-being and safety of drivers. It was also noted that such pauses would not address the problem of a shortage of truck parking spaces, which was one of the FMCSA’s rationales for granting waivers.

Currently, it is uncertain if or when the FMCSA will consider this request. However, it states that the public must have the opportunity to comment before the FMCSA makes a decision on this matter. If the petition is approved, it is anticipated that employers will have to return to the same meal and rest period scheme that was in effect for drivers before the preeminence was decided.