In Kentucky, there are state laws in effect which impose rest and meal break requirements applicable to truckers driving within the state. For example, truckers are entitled to a break for 10 minutes for every four hours worked. Kentucky is one of 22 states which imposes additional laws on break time for truckers above-and-beyond what the federal regulations require.

The federal government, however, is trying to make it impossible for states to impose stricter rules on truck driver breaks than the regulations set by the Federal Motor Carrier Safety Administration. The Richmond Times Dispatch reported on the new federal efforts to undermine state trucking safety laws.

Federal Laws Could Increase Truck Accidents

Federal lawmakers are trying to insert language affecting trucker breaks into an unrelated aviation bill. The goal is to quietly get the rules changed to preempt state laws and prevent them from imposing additional requirements related to giving truckers break time. Lawmakers tried previously to insert the same language in a transportation bill, but the language was removed during negotiations surrounding the bill.

If lawmakers are successful, this will not be the first time in recent history that federal lawmakers have inserted a provision into an unrelated bill which affected protections afforded to truckers, resulting in a potential increase in Kentucky truck accidents. In December 2015, the Consolidated and Further Continuing Appropriations Act also passed with language related to trucking laws, even though the bill was a must-pass piece of budget legislation which should not have had any effect on trucking safety laws.

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Whaley Law Firm 436 South 7th St #302, Louisville, KY 40203 Toll free: 866-703-7575 Local: 502-583-4022

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