A method and apparatus are provided for pre-emption, congestion control, and Tx/Rx alignment for use by a partial sensing UE. A method includes measuring resources within a first window; determining a number of the measured resources having an RSSI greater than a first threshold; determining a CBR based on the measured number of resources; and determining a CR limit based on the determined CBR and transmission priority. Determining the CBR based on the measured number of resources includes comparing a total number of measured resources within the first window to a second threshold; in response to the total number of measured resources being less than the second threshold, determining the CBR as a pre-configured CBR; and in response to the total number of measured resources being greater than or equal to the second threshold, determining the CBR based on a ratio of the number of the measured resources having the RSSI greater than the first threshold to the total number of measured resources within the first window.