Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/466315
COMMERCIAL CARRIER JOURNAL | FEBRUARY 2015 17 unrelated to prices, routes and ser- vices – three market elements the 1994 act intended to protect from interference by state laws, Penske argues. "This case is about federal law preempting state laws that relate to rates, routes and services offered by trucking companies," said Michael Duff, Penske senior vice president and general counsel. "We're ask- ing the Supreme Court to resolve this issue for our company and the trucking industry. The Ninth Circuit's decision significantly impacts the entire transportation industry as well as the flow of com- merce and ultimately impacts con- sumers." The American Trucking Association agrees. "The odd thing is something like a dozen district courts have looked at this, and almost all said the federal law pre- empts in this instance, and that's what everybody was operating under," said Richard Pianka, ATA's deputy general counsel, in a July interview. The Ninth Circuit's decision, if left in place, could have ramifica- tions nationally, Pianka said, as other states with similar break requirements could argue their laws also preempt federal law. Three Penske drivers brought the case in 2008, arguing the company legally is required to ensure drivers could take their breaks. The driver plaintiffs argued Penske had created "an environment that discourages employees from taking their meal and rest breaks," according to law- suit documents. Penske spokesperson Randy Ryerson said the Supreme Court likely will decide within two to three months whether to hear the case. – James Jaillet JOURNAL NEWS Delivering Insights. Driving Results. TM 866.419.5861 www.Lytx.com Come visit us at TCA in Florida – Booth 201 © 2014 Lytx, Inc. All rights reserved Proven Experience. Proven ROI. 450,000 drivers logs 60,000,000 billion miles 25 950 ȵHHWV collision cost reductions 50-80 % Up to fuel savings Up to 12 % Only Lytx has analyzed the driving behaviors of over GULYHUVLQPRUHWKDQȵHHWV2QO\/\W[KDV evaluated more than 25 billion driving miles. Only Lytx has compliance management services. We combine the power of the DriveCam ® Program and RAIR ® Compliance Services with unparalleled data, and insightful analytics to help predict and prevent unsafe GULYLQJLQ\RXUȵHHW Three Penske drivers brought the case in 2008, arguing the company legal- ly is required to ensure drivers could take their breaks.