Takeaway: This ruling reinforces the importance of uniformity in regulating commercial motor vehicle safety. The court, applying the “arbitrary and capricious” standard of review, held that the federal agency had reasonably found California’s rules placed an unreasonable burden on interstate commerce, causing increased costs, reduced flexibility, and scheduling disruptions. In light of the high priority placed on facilitating interstate commerce, other courts may also be likely to apply this deferential standard of review when reviewing pre-emption of state meal and rest break rules.
The 9th U.S. Circuit Court of Appeals, finding that California’s meal and rest break (MRB) rules impose a significant operational burden on operators of buses and other passenger-carrying commercial motor vehicles, again upheld the Federal Motor Carrier Safety Administration’s (FMCSA’s) determination that federal law pre-empts the state rules.
The Motor Carrier Safety Act requires the transportation secretary to review state laws and regulations on commercial motor vehicle safety and gives the secretary power to pre-empt state law.
Under federal hours-of-service (HOS) regulations, a passenger-carrying commercial motor vehicle driver may not drive more than 10 consecutive hours or be on duty for more than 15 consecutive hours. Once a driver reaches the 10- or 15-hour limit, they must spend eight consecutive hours entirely relieved of duty before they may drive again. Unlike drivers of...
Florida Chief Financial Officer Blaise Ingoglia announced the arrest of Torey Jermaine Keith, who is accused of submitting more than $159,000 in fraudulent health insurance claims. The Florida Dep...