CA’s Meal and Rest Break Preempted by Federal Law

On January 13, 2020, during ABA’s Bus Industry Safety Council (BISC) winter meeting, Federal Motor Carrier Safety Acting Administrator Jim Mullen announced that FMCSA has granted ABA’s petition stating that California’s Meal and Rest Break (MRB) rules are preempted under 49 U.S.C. 31141 as applied to passenger-carrying commercial motor vehicle drivers subject to FMCSA’s hours of service regulations.  The FMCSA agreed with ABA that federal law provides for preemption of state laws on commercial motor vehicle safety that are additional to or more stringent than federal regulations if they (1) have no safety benefit; (2) are incompatible with federal regulations; or (3) would cause an unreasonable burden on interstate commerce. By granting ABA’s petition, the FMCSA thereby ruled that California Meal & Rest Break regulations are preempted under 49 U.S.C. 31141(c).

Please click here to view the ABA announcement regarding this FMCSA petition. California Bus Association is thankful for ABA’s leadership in taking action to address this onerous regulation.

(source: buses.org, cbabus.com)

The material in this article, provided by Chauvel & Glatt, is designed to provide informative and current information as of the date of the post. It should not be considered, nor is it intended to constitute, legal advice or promise similar outcomes.  For information on your particular circumstances, please contact Chauvel & Glatt at 650-573-9500.

Leave a Comment