Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/741843
18 COMMERCIAL CARRIER JOURNAL | OCTOBER 2016 JOURNAL NEWS Tanker group petitions over California break rules T he National Tank Truck Carriers petitioned the Pipeline and Hazardous Materials Safety Administration last month for a determination as to whether federal hazardous materials law preempts California's meal and rest break requirements that entitle drivers to 30-minute breaks after five and 10 hours of work. NTTC said California's rules "were not promulgated with an eye toward safe transportation of hazardous materials" or federal hours-of-service regulations, creating "the potential for unnecessary delay when a driver must deviate from his or her route to comply with the requirements." NTTC argued the meal and rest break requirements conflict with the Hazardous Material Regulations' attendance require- ments because, in certain situa- tions, the rules would "implicate the driver as 'working' under California law." NTTC said many carriers also include a "constant attendance of cargo" requirement in their security plans and that the break require- ments "are inflexible and may create unnecessary stops or prohibit con- stant attendance," making the state's requirements "an obstacle to the secu- rity objectives" of hazmat regulations. PHMSA is seeking public com- ments on its determination request, which can be made at Regulations. gov by searching Docket No. PHMSA-2016-0097. Rebuttal com- ments can be made during a 45-day period following the end of the ini- tial comment period. – Matt Cole Untitled-3 1 2/4/16 8:23 AM NTTC said California's rules "were not promulgated with an eye toward safe transportation of hazardous materials" or hours regulations.