The Global Cold Chain Alliance (GCCA) recently joined a number of organizations in food and agriculture industries in signing a letter addressed to the United States House of Representatives and Senate supporting an amendment of the Federal Aviation Administration Authorization Act of 1994 (FAAAA). The full letter can be found below.
For more information, please contact GCCA Vice President of Government & Legal Affairs Lowell Randel at firstname.lastname@example.org.
The undersigned organizations, representing a broad range of industries, strongly support amending the Federal Aviation Administration Authorization Act of 1994 (FAAAA) to clarify that state meal and rest break requirements and state restrictions on piece-rate pay practices are federally preempted under existing law.
In 1994, Congress passed the preemption provision of the FAAAA to provide the trucking industry with a uniform set of rules to operate safely and efficiently in interstate commerce. The provision expressly preempts state laws related to the prices, routes, and services of motor carriers in order to prevent a state-by-state patchwork of multi-faceted rules and regulations that would inhibit the movement of freight. At the time, Congress noted that “the sheer diversity of [state] regulatory schemes is a huge problem for national and regional carriers attempting to conduct a standard way of doing business.” Congress determined that allowing states to impose their individual policy preferences on the trucking industry “causes significant inefficiencies, increased costs, reduction of competition, inhibition of innovation and technology and curtails the expansion of markets.”
However, a federal court’s ruling in 2014 has narrowed the law, giving states greater latitude to regulate interstate motor carriers, requiring them to adhere to varying state rules governing driver hours and pay policies. Therefore, a legislative clarification is urgently needed. Such a clarification would allow motor carriers to continue to provide the level of service that the Federal Motor Carrier Safety Administration (FMCSA) has determined is consistent with safe operations and driver welfare and to continue to make use of pay systems that reward efficiency and productivity.
Because the safe, seamless, and efficient movement of goods is critical to each of our industries, we ask for your support for such a legislative clarification and look forward to working with you to enact a solution this year. Thank you for your consideration.