RE: Comment/Petition for Determination That California Meal and Rest Break Requirements for Commercial Vehicle Drivers Are Preempted Under 49 U.S.C. § 31141
Petitioners are the Specialized Carriers and Rigging Association (SC&RA), and we hereby petition the U.S. Department of Transportation (DOT), Federal Motor Carrier Safety Administration (FMCSA), for a declaration that certain requirements imposed by California statute (Cal. Labor Code § 512(a)), regulation (Cal. Code Regs. tit 8, § 11090), and California Industrial Welfare Commission (IWC) wage orders related to all employees working in the transportation industry (IWC Transportation Wage Order No. 9, (collectively, the “California Meal and Rest Break requirements”) are preempted to the extent that they are applied to drivers subject to the Federal Hours of Service Regulations (HOS) as set forth at 49 C.F.R. Part 395.3 (a)(3)(ii) (the “HOS regulations on rest breaks”), or further actions taken by FMCSA related to the application and/or enforcement of those regulations.