
Federal law provides for preemption of State laws on CMV 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. The FMCSA has determined that the MRB Rules are laws on CMV safety, that they are more stringent than the Agency’s hours of service regulations, that they have no safety benefits that extend beyond those already provided by the Federal Motor Carrier Safety Regulations, that they are incompatible with the Federal hours of service regulations, and that they cause an unreasonable burden on interstate commerce.Not surprisingly, the Teamsters are not happy with this outcome, and California is considering taking legal action as well. Regardless, barring Congressional action (which seems unlikely since Congress can’t even agree to keep the government running at this point) the FMCSA break standards are not only the law of the land, they’re likely to be that way indefinitely. More importantly, the FMCSA flexed some muscle, showing that it will act to override contrary state law. This makes that agency a likely new battleground for trucking companies, states, drivers, and companies that require interstate shipping. If you have any questions about this article, please contact Dov Szego (804-377-1263) at dszego@setlifflaw.com, or Steve Setliff (804-377-1261) at ssetliff@setlifflaw.com.
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