In October, Congress passed a negotiated compromise version of the FAA Reauthorization bill. The trucking industry, led by American Trucking Associations and strongly supported by the Arkansas Trucking Association, had sought to have language included that would solve an interstate commerce preemption issue related to meal and rest breaks through legislative means. However, that language was not included in the final version of the bill.
Pivoting their strategy, the American Trucking Associations filed a petition with the U.S. Department of Transportation seeking preemption of California’s redundant meal and rest break requirements. The petition relies on section 31141, title 49 of the United States Code, under which the Secretary of Transportation has the authority to determine that state laws on commercial vehicle safety that conflict with federal safety standards or burden interstate commerce may not be enforced.
In its petition, ATA claims that duplicative state break requirements undermine safety-the primary purpose
of the Department’s regulation of commercial vehicles-and unreasonably burden interstate commerce, by interfering with uniform, clear federal requirements.
In response to the petition, DOT opened a 30-day comment period that ran through the end of October requesting comments on what effect, if any, California’s meal and rest break requirements may have on interstate commerce.
