Re: Petition for Determination That California Meal and Rest Break Rules for Commercial Motor Vehicle Drivers Are Preempted Under 49 U.S.C. 31141
Dear Administrator Martinez:
American Trucking Associations, Inc. (ATA) hereby petitions the Federal Motor Carrier Safety Administration (FMCSA) for a determination that the meal and rest break requirements of California law are preempted under 49 U.S.C. 31141, insofar as they are applied to commercial motor vehicle drivers whose hours of service are within the jurisdiction of the U.S. Department of Transportation (DOT).
ATA is the national association of the trucking industry, comprising motor carriers, State trucking associations, and national trucking conferences, and created to promote and protect the interests of the national trucking industry. Its direct membership includes approximately 1,800 trucking companies and industry suppliers of equipment and services; and in conjunction with its affiliated organizations, ATA represents over 30,000 companies of every size, type, and class of motor carrier operation. The motor carriers represented by ATA haul a significant portion of the freight transported by truck in the United States and virtually all of them operate in interstate commerce among the States. ATA and its members thus have a strong interest in preserving the regulatory uniformity that Congress has determined is appropriate for the safe operation of commercial motor vehicles, 49 U.S.C. 31131(b)(2), and in ensuring that DOT protects that uniformity by exercising the oversight authority Congress assigned to it in Section 31141.