U.S. DOT Grants Petition to Support Safe Transportation of Hazardous Materials by Motor Carriers
Thursday, September 20, 2018
WASHINGTON, DC –
Today, the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA) ruled on a petition submitted by the National Tank Truck Carriers Association. To ensure public safety, maintain security, and reduce delays, PHMSA finds that California's meal and rest break requirements are preempted for all operators of motor vehicles transporting hazardous materials.
The agency finds that the California meal and rest break requirements create an unnecessary delay in the transportation of hazardous materials. In addition, California’s rules create compliance incompatibilities with respect to operators carrying explosive materials because it is not possible to simultaneously comply with the off-duty requirement of the California rule and federal safety requirements.
Finally, the California meal and rest break rules are preempted for motor carriers with security plans requiring constant driver attendance for hazardous materials cargo. For more information, please see the Federal Register link here.
Updated: Thursday, September 20, 2018
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Tanker group petitions DOT about California meal, rest break requirements for hazmat carriers
Matt Cole
@MattColeRR
September 1, 2016
A group representing tanker carriers in the trucking industry is petitioning a DOT-sub-agency, the Pipeline and Hazardous Materials Safety Administration (PHMSA), for a determination as to whether federal hazardous material law preempts California’s meal and rest break requirements.
The National Tank Truck Carriers says California’s rules, which entitles drivers to paid 30-minute meal break periods after five and 10 hours of work, prohibits carriers from requiring an employee to work during these breaks. NTTC adds these requirements “were not promulgated with an eye toward safe transportation of hazardous materials” or federal hours-of-service regulations. The laws create “the potential for unnecessary delay when a driver must deviate from his or her route to comply with the requirements,” NTTC says.
The group also argues the meal and rest break requirements conflict with the Hazardous Material Regulations’ load attendance requirements, because in certain situations, these rules would “implicate the driver ‘working’ under California law.”
Finally, NTTC says, many carriers include a “constant attendance of cargo” requirement in their security plans, and the California break requirements aren’t flexible enough to meet those requirements, the group argues.
PHMSA is seeking public comments on whether federal hazmat regulations should preempt California’s meal and rest break requirements. Comments can be made by searching Docket No. PHMSA-2016-0097 at www.regulations.gov for 45 days after the notice is published in the Federal Register on Friday, Sept. 2, and rebuttal comments can be made during the 45 days following the end of the initial comment period.