The FMCSA and CA/WA Meal Breaks
Recently there was a post by Brendon Wiseman beating up on the FMCSA for issues related to the CA/WA meal break requirements. The creator and others including Jack Van Steenburg inferred the FMCSA was wasting time on issues already settled. I mentioned the FMCSA had to consider petitions filed under Part 381. I was told the issue was not a petition filed under Part 381.
Well it looks like it was. On 11/13/2023 William Trescott and apparently other petitioned the FMCSA to reexamine its decision and mandate the added 30 minute break as it enhances safety.
Regulations.gov FMCSA-2018-0304-0751
The Truck Safety Coalition:
"This petition for waiver in support of the State of California and the State of Washington’s Meal and Rest Break Rules (MRB) is filed jointly by the Truck Safety Coalition (TSC), Citizens for Reliable and Safe Highways (CRASH), Parents Against Tired Truckers (P.A.T.T.), and our volunteers, who are the family and friends of truck crash victims and survivors seeking to improve truck safety."
William Trescott:
"The above data show that enforcement of California’s meal and rest break laws had a substantial beneficial effect on public safety. On grounds that the Smart Card EOBR was the only device complying with the plain language of the statute at the time it was enacted, waivers should be granted to replace deficient electronic logging devices required under 49 C.F.R. § 395.8 et seq. with a fully automatic system as required by the Commercial Motor Vehicle Safety Enhancement Act. 49 U.S.C. § 31137(f)(1)(A). The waivers should extend to all states so the effectiveness of the system can be measured on long haul routes. The agency should also redact 49 C.F.R. § 390.36(b)(2) so that carriers cannot restrict breaks to employer approved locations or pressure drivers to continue driving under the existing HOS rules when they feel the need to stop and rest."
Trescott's submission is eight pages long and references theories dating back to WWI per Eddy Rickenbacker.
I have known of William Trescott since about 11/1998 via an old trucking bulletin board called Truck.Net. Back in the day I chuckled at Trescott's patents for train hydraulic and air couplers for his mobile store. You see, Trescott didn't know trains used air brakes, so he had to change his patent for train hydraulic brake systems to accommodate trains' air brakes.
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I suspect that Trescott inherited a large amount of money and has been having a grand old time since then trying to sell his platform.
Trescott has argued cases before the SCOTUS or at least had his complaint on the SCOTUS case docket; however, I've never seen a successful decision in favor of Trescott.
I feel for the Federal Motor Carrier Safety Administration as they have to humor petitions filed by the public. For those in the industry? It's important not to ignore the Federal Register and ignore the petitions, whereas it may impact your business severely.
Wishing everyone a safe, sane and prosperous New Year!