AMSA Applauds Federal Preemption of California Meal & Rest Break Rules

FMCSA Rules in Favor of Federal Preemption Over State Law

December 26, 2018

ALEXANDRIA, VA — The American Moving & Storage Association applauds the Federal Motor Carrier Safety Administration (FMCSA) for granting the petition by the American Trucking Association and the Specialized Carriers and Rigging Association that requested a preemption of California’s meal and rest break rules. The American Moving & Storage Association had submitted its own comments in support of their preemption petition.

California law requires drivers to take a 30-minute break after five hours of driving which now, after the recent ruling by the FMCSA, violates the federal hours-of-service regulations that require a 30-minute break after eight hours of driving. The California breaks had forced drivers to stop at arbitrary times rather than when drivers needed them, created confusion on which rest break law to follow, and made the moving industry less efficient.

“We thank the Federal Motor Carrier Safety Administration for agreeing with us that the California meal and rest break rules were incompatible with federal law, which holds that state regulations that have no safety benefits or cause an unreasonable burden on interstate commerce are unenforceable,” said Vice President of Government Affairs Paul Milotte. “These regulations would have made it tougher for moving companies to operate in the state of California while providing little to no safety benefit for consumers. We appreciate the FMCSA upholding the federal statute over this unnecessary and burdensome state law.”

Read the FMCSA news release.

Read the full FMCSA ruling.


The American Moving & Storage Association, home of the ProMover certification program, is the national trade association representing the nation’s moving and storage companies, which provide household goods moving services, specialized transportation for sensitive freight such as computers and trade show exhibits, and warehouse storage services. The association has approximately 3,500 members, including domestic and international companies and industry suppliers, and supports programs and activities that promote consumer protection, professional development, safety, and operational efficiency. Find out more at and