RE: Application by the Western States Trucking Association for a Determination that California’s meal and rest break requirements as applied to federally regulated truck drivers transporting oversized/overweight permit loads is preempted by 49 U.S.C. § 14501(c)(1)

Dear Secretary Chao and Administrator Martinez:

The Western States Trucking Association (WSTA) hereby petitions the U.S. Department of Transportation (US DOT) for a determination that California’s unique meal and rest break rules as applied to drivers of oversized/overweight (OS/OW) loads whose hours-of-service (HOS) are federally regulated be preempted.

Founded in 1941, the WSTA is the nation’s oldest, independent, nonprofit trucking association representing over 1,000 motor carriers with another 5,000 allied motor carriers primarily operating on the west coast. The WSTA advocates on behalf of our owner-operator, fleet, and broker members for sensible legislation and regulations that affect their businesses. Our members are engaged in virtually every mode of trucking including; construction, port drayage, cross-border, general freight, heavy-haul and agricultural operations. Importantly and related to this petition, we have members who transport loads that must move under special permits within California and whose driver HOS are regulated by the US Secretary of Transportation, not state HOS regulations.