U.S. Transportation Department Says California Driver Rules Pre-Empted by Federal Law

Parker Poe Adams & Bernstein LLP
Contact

Parker Poe Adams & Bernstein LLP

On December 28, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration granted multiple petitions seeking a declaration that new California rules for drivers’ rest periods and meal breaks are inconsistent with federal regulations governing drivers’ hours of service. DOT concluded that the California rules are (1) inconsistent with federal law, (2) provide no meaningful safety benefits, and (3) burden interstate commerce. Among other concerns, DOT said that the California break requirements created new safety concerns for drivers required to find parking spots for the new rest periods.

California transportation officials and labor advocates may try to challenge the U.S. DOT interpretation in federal court. However, until such challenge is ruled on, motor carriers with interstate operations that include California can continue to use federal rules for drivers’ hours of service, not the more restrictive California requirements.

[View source.]

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Parker Poe Adams & Bernstein LLP | Attorney Advertising

Written by:

Parker Poe Adams & Bernstein LLP
Contact
more
less

PUBLISH YOUR CONTENT ON JD SUPRA NOW

  • Increased visibility
  • Actionable analytics
  • Ongoing guidance

Parker Poe Adams & Bernstein LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide