Yesterday, the Pipeline and Hazardous Materials Safety Administration (PHMSA) of the U.S. Department of Transportation released their decision in response to the preemption application submitted by National Tank Truck Carriers, Inc. (NTTC) and authored by the Scopelitis Law Firm. The application made the argument that drivers transporting hazardous materials (interstate or intrastate) should be subject to Federal meal and rest break laws instead of California meal and rest break laws since the Federal laws (in this case) overrule the CA laws. PHSMA found CA meal and rest break laws create an unnecessary delay in the transportation of hazardous materials and concluded that Federal laws take the place of CA meal and rest break laws in regards to drivers that are transporting hazardous materials.

 

The decision is a notable victory for HazMat drivers and should lessen the large amount of class action claims that are focused on these particular California meal and rest break violations. The decision from PHMSA was officially published and effective today, Friday September 21. To view the published notice, click here.