California’s attempt to impose its own meal and rest breaks on drivers–already blocked for truckers several years ago–has taken another hit, this time for bus drivers.

The Ninth Circuit Court of Appeals Thursday said the Hours of Service (HOS) regulations of the Federal Motor Carrier Safety Administration (FMCSA) for bus drivers preempts the meal and rest breaks (MRB) of California. 

It’s the second time the Ninth Circuit has struck down a regulation on HOS promulgated by the Golden State. In 2021, in a case brought by the Teamsters, the Ninth Circuit Court of Appeals issued  a ruling similar to what was handed down Thursday. But that ruling impacted truck drivers, not those piloting a bus.

In the most recent case, the state of California was the petitioner to the Ninth Circuit.  

Differences between truckers and bus drivers

Federal hours of service rules for bus drivers are not identical to those of truck drivers. A “passenger-carrying commercial motor vehicle driver”–which is how the rules describe a bus driver–is limited to no more than 10 consecutive hours of driving and an on-duty limit of 15 hours.

HOS rules for trucks are that a driver can not be on duty for more than 14 hours, of which 11 can be behind the wheel. But a driver can not be behind the wheel for more than eight consecutive hours without taking a 30-minute break.

The California rest break rule for bus drivers is that “an employee working more than five hours is entitled to a meal period of not less than 30 minutes,” according to the Ninth Circuit’s summary of the rule. 

There are other provisions in the California law that mandate a second meal break and 10-minute rest periods. 

FMCSA first checked in on California in 2018

A 2018 decision by FMCSA found that California’s meal and rest period rules for truck drivers were preempted by federal regulations. The subsequent litigation with the Teamsters resulted in the Ninth Circuit ruling that “California’s MRB rules were within (FMCSA’s) preemption authority,” according to the most recent court recap of previous action. 

It’s a straight line from that decision to the ruling on bus drivers, the court said. “Our prior decision in Teamsters largely forecloses (California’s) arguments, and we otherwise reject their claims,” the Ninth Circuit said.

The court summed up, and knocked down, California’s arguments.  One was a technical argument on the definition of the preemption authority being limited to rules on safety, rather than a law of general applicability. 

‘General applicability’

The latter argument proved relevant to trucking in the state because it was the Ninth Circuit that found in 2021 that independent contractor law AB5 was a “law of general applicability” as applied to trucking, and wasn’t therefore preempted by the Federal Aviation Administration Authorization Act. That decision overturned an earlier injunction against AB5 being implemented against California trucking, and kicked off the process that ultimately led to AB5 being fully implemented in the state’s trucking sector.

Other arguments made by California’s Attorney General Xavier Becerra, who is likely to be the state’s next governor, but shot down by the Ninth Circuit, include an argument that California’s rule to have bus drivers take a mid-shift break can’t be found in federal regulations, so the state’s rule does not conflict with any federal standard. The court’s response: “Although it is true that federal HOS regulations do not require that drivers of passenger-carrying commercial motor vehicles take a mid-shift break, they still dictate how long a driver may remain on duty before a mandatory off-duty period.”

The court also held the California rules would create a “significant operational burden.”

“The administrative record is replete with commentary about the negative effects of California’s MRB rules upon passenger-carrying commercial motor vehicle operations,” the court wrote in its opinion. “These include comments about the disruptive and costly nature of complying with California’s MRB rules, as well as the difficulty of maintaining scheduled operations.”

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A California woman is asking federal regulators to temporarily restore commercial driver’s license eligibility for Deferred Action for Childhood Arrivals (DACA) recipients, setting up a new chapter in the ongoing debate over immigration status and access to trucking and transportation jobs.

The Federal Motor Carrier Safety Administration announced Tuesday that it has received an exemption request from Jenifer Sanchez Vilchis seeking permission for states to issue Class B passenger-vehicle commercial driver’s licenses to DACA recipients who hold valid Employment Authorization Documents. 

The agency is accepting public comments through July 2 before deciding whether to grant or deny the request.

According to the Federal Register notice, Sanchez Vilchis is seeking an immediate temporary exemption that would allow state driver licensing agencies to issue Class B CDLs to DACA holders under the same conditions as other individuals authorized to work in the U.S.

FMCSA said it will review Sanchez Vilchis’ application, safety analyses and public comments before determining whether granting the exemption would provide a level of safety equivalent to or greater than existing regulations. The agency has authority under federal law to grant exemptions from motor carrier safety regulations on a case-by-case basis.

If approved, the exemption could provide a temporary pathway for DACA recipients seeking Class B commercial driving jobs while federal regulators continue implementing the broader overhaul of non-domiciled CDL requirements.

Related: They Grew Up Here, They Work Here – What the CDL Fight Over DACA Really Means for Trucking

The petition arrives just months after FMCSA implemented stricter eligibility standards for non-domiciled commercial driver’s licenses.

In February, FMCSA finalized regulations requiring states to limit non-domiciled CDL issuance to foreign nationals who can provide specific forms of lawful immigration documentation, including certain H-2A agricultural worker visas, H-2B temporary worker visas and E-2 treaty investor visas. The rule took effect March 16 and excluded most DACA recipients from obtaining or renewing non-domiciled commercial driving credentials.

Under the current rules, DACA recipients generally do not meet FMCSA’s definition of lawful immigration status for purposes of obtaining a non-domiciled CDL, despite possessing federal employment authorization documents that allow them to legally work in the U.S.

The issue has become increasingly significant as states across the country reevaluate their non-domiciled CDL programs.

Ohio officials recently announced they are reviewing approximately 5,000 commercial driver’s licenses held by non-permanent U.S. residents as part of a broader effort to verify compliance with revised federal standards. California, Washington, Colorado and Pennsylvania have also paused or reassessed portions of their non-domiciled CDL programs amid heightened federal scrutiny.

Related: Ohio reviews 5,000 nonresident CDLs amid federal compliance crackdown

Texas recently resumed issuing non-domiciled CDLs to temporary agricultural workers holding H-2A visas after receiving federal approval, but state officials said eligibility remains limited under FMCSA’s revised rules. 

Federal regulators estimate roughly 200,000 non-domiciled CDL holders currently exist nationwide, with approximately 194,000 expected to become ineligible to renew as licenses expire under the new requirements.

The broader crackdown on commercial driving credentials and immigration-related compliance has coincided with intensified enforcement actions involving foreign commercial drivers. More than 3,000 Mexican truck drivers have reportedly lost authorization to enter the U.S in recent months as federal agencies increased enforcement of cabotage and visa regulations, according to industry officials in Mexico.

The debate surrounding DACA recipients and commercial driving jobs has drawn growing attention within the trucking industry.

DACA, created in 2012, provides temporary protection from deportation and work authorization to certain individuals brought to the U.S. as children. 

According to recent industry analysis, more than 500,000 people currently hold active DACA status nationwide, many of whom have spent most of their lives in the U.S. and possess valid federal employment authorization documents.

Related: Thousands of Mexican truckers lose US visas over cabotage violations

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The big increase in truck transportation jobs reported last month reversed itself in May, leading to a level of employment that is only slightly higher than it was two months ago.

The May jobs report from the Bureau of Labor Statistics reported truck transportation jobs at 1,424,800. That’s down 4,400 jobs from a slightly revised April figure.

The revision in April numbers still puts it up 4,900 jobs from March, which also was revised slightly. 

The end result is that truck transportation employment in May was just 500 jobs more than in March, after an April report–along with anecdotal and actual reports of more hiring and a tightening market for drivers–that seemed to suggest a continuing upward move in employment was possible.

But May’s employment number for truck transportation was down 2,400 jobs from where it stood at the end of last year. It’s also down almost 23,000 jobs from May 2025.

Jump in warehouse jobs

Warehouse jobs posted their fourth straight month of higher numbers. The increase of 6,400 jobs was the largest single one-month gain since May 2024, when the data showed three consecutive months with warehouse job gains in excess of 7,000 jobs.

Total warehouse jobs of 1,824,400 were still well below the 1,875,300 jobs from a year ago. The all-time high number in that category is 1,939,300 jobs in March 2022.

Trucking numbers look stronger by sectors

Mazen Danaf, the principal economist at Uber Freight (NYSE: UBER), looked under the hood at the specific sector numbers, which are on a one-month lag.

He said March totals for long-distance truckload employment was up 2,600 in March and 1,990 in April. “This growth has narrowed the year-over-year decrease to -2%, potentially signaling the onset of a recovery phase that may take several quarters,” he said.

Danaf, in an email to FreightWaves, said the recovery in trucking capacity that began after the first blast of the pandemic took “multiple quarters” in 2021 to reach its highest number. 

“Consequently, shippers should remain cautious when viewing these employment upticks, as overall levels stay critically low relative to the past decade,” he said. 

Strong numbers overall

The truck transportation decline comes against the backdrop of a strong monthly report overall. 

Aaron Terrazas, an independent economist who has worked in trucking, said the total jobs report of a gain of 172,000 in employment is the third month with such a report. And, as he said, “three months makes a trend.”

“We have now had three consecutive Job Reports that look great in the initial print, and keep looking better as time goes by,” he said in an email to FreightWaves. “Payroll gains came in well above forecasts, the unemployment rate remained stable even as new grads began entering into the job market, and payrolls for the prior two months were revised upward.”

Transportation overall was “lackluster,” Terrazas said. He noted that the trucking jobs were a reversal of April’s gains and cited the two-month high in warehouse jobs. 

Air transportation jobs were down 8,700 jobs, which Terrazas said was likely the result of the shutdown of Spirit Airlines.

“With headline job market stats this strong, there is really no compelling case for the Federal Reserve to lower interest rates,” Terrazas said. “Inflation has trended higher in both top line and core categories; the job market is rebounding despite those headwinds. The Fed’s mandate looks past sector-specific payroll softness, as long as the headline numbers chug along.”

Despite the drop in truck transportation employment, David Spencer, vice president of market intelligence at Arrive Logistics, said fundamental conditions in the trucking sector have not changed.

“Capacity remains constrained as carriers struggle with high fuel prices and a shifting regulatory landscape,” Spencer said in an email to FreightWaves. “Increased pressure on cabotage enforcement as of late and the recent SCOTUS ruling on broker liability are the most recent examples of how the challenges continue to develop for carriers and drivers.”

Spencer also said the flat employment levels over the last few months could be a sign that employers are gun-shy. “Many businesses find it unsustainable to add staff after years of minimal rate growth and continuous increases in operating costs, especially with inflation fears casting doubt on the stability of future demand,” he said. 

In other data from the BLS report:

• Earnings and hours for production and non-supervisory employees in truck transportation continued to rise in April, setting yet another record. Wages grew to $32.41 per hour, but average hours worked fell to 40.5 from 41.1 in March. That data is on a one-month lag compared to the report of total employment.
• Hourly earnings of production and nonsupervisory employees at warehouses was $25.98. That’s also a record. That figure rarely declines month-to-month, but it does occasionally happen.
• Rail employment rose slightly, to 149,600 jobs from 149,400 jobs. It still remains well below levels from a year ago, when employment totaled 155,400 jobs.

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A growing clamor over the rollout of the Motus registration system by the Federal Motor Carrier Safety Administration (FMCSA) has led to two statements issued by the agency, with notable differences in tone and approach in the pair of missives.

Motus is a new single entry point for a wide variety of interactions with registration systems and other FMCSA tools needed by the trucking community. It launched May 14. 

But complaints and comments in social media have quickly made it clear the rollout has not been going well. And in the past week, the agency responded with its two statements.

(An email sent by FreightWaves to FMCSA had not been responded to by publication time).

One of the memos obtained by FreightWaves is a more standard sort of explanation and subtle apology that might be expected from a government agency.

“FMCSA is aware of issues affecting registrants and industry stakeholders following the launch of the Motus registration system,” the memo said. “We recognize that these issues have created challenges for members of the commercial motor vehicle industry who rely on our registration systems.”

It went on to say that “resolving these issues is an absolute priority for the agency.”

FMCSA also said it is setting priorities. The most immediate goals, according to the memo, have “focused resources on addressing issues affecting insurance filings and operating authority status.”

“Customers should begin to see improvements in these areas soon as system updates and corrective actions are implemented,” the memo said. “Changes have already been made to correct the identity verification and first-time login processes.”

Praise from Barrs

A note sent to various trucking “stakeholders” by FMCSA administrator Derek Barrs had a notably different approach.

The Barrs memo doesn’t even make reference to the difficulties being encountered by Motus users until the fourth paragraph.

Before that, Barrs hails the Motus rollout as a “major agency milestone.”

“This is a vital tool for accountability,” Barrs writes. “For too long, bad actors, scammers, and fraudulent brokers have exploited loopholes in our systems, undercutting honest American truckers and compromising safety on our highways.”

Launching Motus was “an extraordinary feat of heavy lifting that involved transferring more than three decades of data across multiple legacy systems to process millions of motor carriers into one unified powerhouse platform,” Barrs writes. “In the first week alone, the system successfully received 120,000 new user applications, processed over 10,000 regulated entity applications, and helped more than 13,000 motor carriers claim their USDOT numbers.”

‘Minor issues’

After that review of the Motus launch, Barrs addresses the industry complaints, which he describes as “minor technical issues.”

“The unprecedented, massive wave of engagement we’ve seen over the last few days proves we are winning this fight, and our engineering teams are on the ground right now, working around the clock,” Barrs said.  FMCSA personnel  are working to “crush” the minor issues,” Barrs said. 

Barrs’ note links to a web page where users can submit a ticket to request help. It appears to be the page that was online prior to Motus. There also is a link to the Motus Resources Hub, which also dates back to before the rollout and its subsequent problems.

“We are incredibly proud of this historic modernization effort and confident that Motus is delivering the secure, efficient, and powerhouse registration experience our industry has earned,” Barrs says.

P. Sean Garney, co-director at Scopelitis Transportation Consulting who has worked with clients navigating the Motus system, said FMCSA had communicated well prior to the launch in instructing users on the main steps to get into the system, such as checking a users’ login.gov credentials and updating their MCS-150 form, also known as the  Motor Carrier Identification Report.

“But there’s a second part, which is about linking your DOT number, and I just thought that communication around that was challenging,” Garney said in an interview with FreighWaves. 

“We had a lot of carriers just trying to get into a system that wouldn’t let them in, or trying to link their DOT number though the system couldn’t identify their email address as being the correct one,” Garney added. “So yeah, we’ve been trying to work with a lot of carriers to help them out. There is just not a lot that we can do.”

An end may not be coming soon

Garney did not express optimism that an end to the problems is near. “I don’t have a good sense that they’re getting any closer to fixing this,” he said. 

He added that he was concerned a break in the normal upcoming schedule for posting Compliance, Safety and Accountability (CSA) scores could mean FMCSA is shifting technical resources over to fixing the issues with Motus, impacting other FMCSA offerings. That could be a sign of the magnitude of the problems Motus is facing.

The early messaging from FMCSA, according to Garney, was “if you absolutely don’t have to interact with this system, meaning you don’t have insurance that’s expiring or you don’t have to update your MCS 150, then wait.”

Stay off it if you don’t need to be on it

But Garney said that message did not continue, which may have driven traffic to the Motus site that didn’t need to be on the system. 

Garney said some of Scopelitils’ clients have told him they’d been on the phone for hours with FMCSA. When he asks what they are trying to do in their interaction with the agency, the response is often some task that does not need to be accomplished now.

“I ask them, is there a reason you need to do that today?” Garney said. “My advice is just that if you don’t have a need to interact with it right now, I would wait. You have to  believe they’re working to fix it.”

Barrs, in his note, said something similar. “If your account is already in good standing and you don’t need to make immediate administrative changes, you can beat the rush by waiting to log in over the coming weeks as the initial excitement levels out,” he said.

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FedEx feeder airline Mountain Air Cargo is seeking a federal waiver from the payload limit for on-demand carriers so it can switch to a regulatory regime with less strict requirements for long overwater flights and continue to serve Caribbean island routes without interruption as it transitions to using larger turboprop cargo aircraft.

North Carolina-based Mountain Air Cargo plans to replace its aging fleet of ATR 42 freighter aircraft with larger ATR 72 freighters, but needs relief from regulations for scheduled airlines that currently govern the aircraft because the islands of Aruba, Curacao and Bonaire are beyond the 60-minute flying limit, the company said Wednesday in a petition to the Federal Aviation Administration.   

The FedEx (NYSE: FEDEX) partner airline operates its ATR 42 and ATR 72 fleets under different parts of the federal aviation regulations. The ATR 42s fall under Part 135, which contain rules for commuter and on-demand operators. The ATR 72s are regulated under Part 121, which applies to scheduled commercial airlines. Part 121 operators are subject to stricter rules because they fly more often. 

The company operates 10 ATR 42s and 13 ATR 72-200s and 72-600s supplied by FedEx, as well as Cessna 408 SkyCouriers, according to aviation database Planespotters. It provides shuttle service between smaller markets, which are uneconomical for FedEx to serve with mainline jets, and larger airports that serve as transfer hubs in the FedEx network. 

Mountain Air currently operates the ATR 42 to Caribbean destinations with a modified payload of 7,500 pounds. The aircraft was chosen when service commenced in 2024 because Part 135 regulations allow extended overwater operations of up to three hours, while following extra safety requirements, and the ATR 42’s capacity fit market demand. 

Scheduled carriers are limited to 60 minutes flying time over water unless the aircraft is rated for extended operations based on how many minutes an aircraft can fly on one engine before it needs to land at an airport. The Caribbean destinations Mountain Air serves are less than 20 miles beyond the overwater limits of Part 121 rules, but remain within the limits of Part 135.

Mountain Air said the current rules are overly burdensome and put its Caribbean service at risk. 

“Extended-range Twin-engine Operational Performance Standards (ETOPS) approval would be required solely to accommodate an additional 20 miles of overwater distance to the destination. While we fully respect the regulatory framework and the safety protections it provides, the operational cost and administrative burden of maintaining a fully compliant ETOPS program is disproportionate relative to the incremental distance involved. 

Mountain Air’s fleet modernization plan calls for replacing the ATR 42s with ATR 72s, including newly acquired ATR 72-600s equipped with advanced avionics, because the 42s are aging and there are fewer of them available since ATR stopped manufacturing 42s in a cargo configuration, according to the filing. Mountain Air said it is expanding its ATR 72 fleet. Last year, FedEx ordered 10 additional ATR 72-600s that will be placed with partner carriers.

The ATR 72s will offer more cargo capacity and improved reliability for customers. Operations to Aruba, Curacao and Bonaire have historically filled 85% to 100% of ATR 42 capacity. 

The airline said that the high level of demand means that a single missed flight due to maintenance issues, adverse weather, or aircraft unavailability can create cargo backlogs that persist for several days, or even weeks, as the aircraft’s limited payload capacity and cargo hold volume constrain recovery of delayed shipments.

The ATR 72 can carry about 16,800 pounds. Mountain Air Cargo is asking the FAA to increase the 7,500-pound limit under Part 135 regulations to 10,500 pounds — a 40% increase over the current limit, but a 38% reduction from the aircraft’s maximum payload capacity. The difference between the requested payload amount and the maximum capacity will allow the airline to carry more fuel, providing greater operational flexibility and safety in case of an emergency.

“We believe this increase will provide sufficient capacity to accommodate missed or delayed freight in addition to expected daily totals, thereby ensuring a reliable continuity of service to the public in Aruba, Curaçao, and Bonaire and remain within the spirit of the regulations so that it does not materially encroach upon any 14 CFR Part 121 operation,” Mountain Air said in the petition.

However, with the planned reduction of the ATR 42 fleet and the concurrent expansion of the ATR 72 fleet, the continuation of this Caribbean service is at risk. Because the ATR 72 is currently operated under 14 CFR Part 121, maintaining this service would require Extended Operations (ETOPS) approval. By operating the ATR 72 under 14 CFR Part 135 with the requested payload limit, service to these countries can be sustained without interruption. 

While the foregoing material is dated and does not address our specific circumstances, it establishes the principle that certain operators face regulatory constraints that are disproportionately burdensome given their operational context. In this instance, we note that ETOPS approval would be required solely to accommodate an additional 20 miles of overwater distance to the destination. While we fully respect the regulatory framework and the safety protections it provides, the operational cost and administrative burden of maintaining a fully compliant ETOPS program is disproportionate relative to the incremental distance involved. 

Click here for more FreightWaves/American Shipper stories by Eric Kulisch.

Write to Eric Kulisch at ekulisch@freightwaves.com.

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