WASHINGTON — FedEx Corp. predicts higher costs on its linehaul and delivery routes as well as those of rivals if the Biden administration approves waivers governing truck driver meal and rest breaks in California and Washington.
In comments filed with the Federal Motor Carrier Safety Administration, FedEx (NYSE: FDX) asserted that if the FMCSA were to waive its preemption over the two states’ meal and rest break (MRB) laws — which would make interstate carriers subject to the stricter state rules — it will cause financial havoc as well as decrease safety.
“State rules on meal periods and rest breaks require FedEx and other transportation companies to revise routes, as well as compensation plans and policies, at a great operational cost,” wrote FedEx Corporate Vice President Clement Klank.
“The addition of this break time, some of which is paid time, increases labor costs to the tune of multiple millions of dollars each year.”
Moreover, according to Klank, “unnecessary but required breaks increase the length of a driver’s workday and their time away from home, having a negative impact on both driver fatigue and driver morale.”
In California, truck drivers must be provided a 30-minute meal break if they work more than five hours in a day, and drivers who work a shift of 10 hours or more are entitled to a second 30-minute meal break. Drivers are also entitled to a 10-minute rest period for each four hours that they work in a day. Washington’s rules are similar.
In contrast, federal break rules require that truck drivers only take a 30-minute break after eight hours of driving time (instead of on-duty time) and allow an on-duty/not driving period to qualify as the required break.
Under pressure to reduce injuries and deaths from crashes involving heavy trucks, FMCSA in August 2023 notified the trucking industry that it would entertain requests to waive agency decisions made in 2018 and 2020 that ruled federal hours-of-service rules (HOS) preempt MRB laws in California and Washington, respectively, for interstate trucking. (The preemption didn’t affect the states’ ability to enforce their MRB laws on drivers registered to haul only within the state.)
The two Trump-era decisions, made in response to petitions filed by the American Trucking Associations and the Washington Trucking Association, determined that MRB rules in those states are more stringent than federal regulations, a criteria that opens the door for federal preemption.
In last year’s notice, FMCSA encouraged those requesting a waiver not to argue that the agency’s 2018 and 2020 determinations were wrong procedurally, but rather to show whether intrastate drivers in California or Washington still subject to those states’ MRB laws are safer than interstate drivers.
FMCSA also encouraged applicants to address whether requiring interstate carriers to comply with the stricter MRB laws could exacerbate truck parking shortages in those states — and if so, how to mitigate that effect if a waiver were granted.
In addition, waiver applicants were asked to address whether applying California or Washington’s MRB laws to interstate haulers would deter those carriers from hauling in those states, and if so, if that could end up weakening the national supply chain.
Subsequent waiver petitions were filed late last year by the Teamsters union, truck safety advocates and the state of California, and FedEx is now warning of the fallout if they were to be approved. The truck parking shortage, coupled with California’s “arbitrary, mandatory break intervals,” may lead to more drivers parking at unsuitable locations, Klank stated.
“For FedEx, linehaul drivers must park for breaks at gas stations, truck stops, restaurants or, when those are not available at the time/place required, drivers must stop at interstate truck ramps. Local pickup/delivery drivers must plan ahead for their routes each day so that they are able to find a parking spot at either a restaurant, convenience store, parking lot, business, or side street.”
State-required MRBs also prevent FedEx companies from using efficient network designs to their full potential, he argued. “Forced stops cause an unreasonable burden on interstate commerce by requiring transportation companies and drivers to lengthen or modify routes and schedules in order to ensure that drivers take prescribed breaks.”
Waiver petitioners justify safety costs
In their petitions to waive federal preemption in California and Washington, the Teamsters and truck crash victim advocates disputed such arguments.
“If a lack of parking really does have the negative effect on safety that the agency and industry players claim, the agency should take steps to directly address that issue through its rulemaking powers, or by supporting separate efforts at the state and federal level to legislatively address these parking issues,” the labor union stated in its waiver petition.
“The agency should not place the burden of that issue on drivers, who are not the ones that created or have control over any parking issue that does exist.”
Regarding burdens on commerce, the Truck Safety Coalition stated on its own waiver request that such an assertion “is offensive to truck crash victims and anyone who cares about roadway safety.” The group contends that FMCSA’s concern stems from claims made by the large truck company lobbyists.
“Paying [the cost that] safety requires necessarily reintroduces a previously externalized cost back into supply chain stakeholders, where it always belonged,” TSC stated. “If those who have shirked paying this cost for generations balk at paying the cost now, TSC fails to see that as a ‘burden on commerce.’ Rather, it was always the responsibility of commerce who unjustly foisted this burden on taxpayers and crash victims for far too long.”
Stan
Why not scrap all this HOS BS and go back to letting the driver decide when he’s hungry and when he needs a break. The government doesn’t know when he is tired or hungry
Glenn
Please just treat professional truckers the same as everyone else doing a fair days work ,by the hour and overtime after 40 hrs in a week . My family and friends are on our highways with people driving dangerously because they are compensated to be dangerous. Are you people insane?
Amber
Rest Breaks: Safety or Profit?
As a female truck driver, I’m deeply concerned about the potential for higher costs to be used as an argument. While I understand route planning and scheduling might be more complex with stricter breaks, prioritizing profit by carriers and brokers over driver well-being is unacceptable and puts everyone on the road at risk.
Unfortunately, I’ve seen firsthand how unethical carriers and brokers exploit the system by pressuring drivers to skip breaks, falsify logs, and take unsafe runs, often targeting drivers who may be unfamiliar with all regulations. This predatory behavior is a major concern and requires a multi-pronged approach.
Here’s how we can move forward:
1. Stronger Enforcement:
* The FMCSA needs to increase enforcement against carriers and brokers who violate regulations.
* Penalties for non-compliance should be substantial enough to deter repeat offenses.
* Penalties should deter repeat offenses and focus enforcement efforts on carriers and brokers who violate existing regulations, while protecting drivers from retaliation or unfair consequences for adhering to safety protocols.
2. Educational Resources:
* Greater educational resources are needed to empower drivers with the knowledge of their rights and available support systems.
* This includes training materials readily available in multiple languages to ensure all drivers are informed, regardless of their background or native language.
3. Industry Collaboration:
* The industry needs to collaborate to develop transparent and accountable scheduling practices that:
* Prioritize driver well-being and adhere to mandated breaks.
* Provide realistic timeframes for deliveries that factor in rest breaks.
* Establish clear communication channels for drivers to report concerns or request adjustments without fear of retaliation.
By addressing the root causes of non-compliance, including predatory behavior and knowledge gaps, we can create a safer environment for everyone on the road. Furthermore, I hope more states will follow the lead of California and Washington in prioritizing safety.
#TruckDriverSafety #RestBreaksMatter #FMCSA
I encourage open dialogue and collaboration to find sustainable solutions that ensure both safety and efficiency. Fellow drivers, share your experiences and suggestions. Industry professionals, let’s discuss actionable steps. Policymakers, let’s work together for positive change.
#TruckingIndustry #Logistics
Robert
Unless the truck drivers are speaking out against this mandate then it seems that it’s for their benefit. Who couldn’t want a break before 8 hours of working? That’s f****** ridiculous.
I’m tired of industry and government “advocating” for their workers’ rights.
John Herrmann
Why don’t we just ship all the containers,trailers and vans by rail and that should solve most of the issues here. Furthermore the railroads are looking for help now and the pay and benefits are far better,although you are away from home a lot and work nights and weekends too. You are also covered by union benefits and labor agreements which does not exist with FedEx and a lot of other “fly by night” carriers.
Richard Davis
So these are the same rules workers who work a 40-hour-a-week job get, the ones who work under the FLSA. They deserve a break but truck drivers don’t? It would cost carriers millions of dollars a year to give truck drivers breaks. What about the 30-minute break the Government forced on drivers, who’s paying for that, the driver maybe? What about the billions of dollars truck drivers lose sitting at a dock for free? I guess that’s fine, they should eat that loss for the good of the country so people’s groceries don’t go up. It’s fine if truck drivers take a loss, bite the bullet as long as the big companies and the rich don’t lose any money.
Steven R Manson
This is stupid, we need 1 and ONLY 1 hours of service criteria. If states are allowed to make up their own im out of here…would be a NIGHTMARE to balance all the states.
Jason Ellingson
Omg can we just be done with all of this bs all truck drivers get paid by the hour with ot after 8 and lunch breaks just like everyone else and watch the list of problems we talk about year after year go away… probably even help the “shortage” problem