Penske challenges California break ruling

The carrier has petitioned the Supreme Court to rule on the legality of the state’s break requirements.    Penske Logistics has asked the Supreme Court to review an appeal court decision that rules laid out by the Federal Aviation Administration Authorization Act supersede California laws passed regarding trucker break requirements.
   In the case, Dilts et al. v. Penske Logistics LLC and Penske Truck Leasing Co., L.P., the Ninth Circuit Court of Appeals overturned a previous district court ruling.
   According to a Penske press release, “The crux of the case is whether a long-standing federal transportation law that seeks to promote lower rates and better service by ensuring that rates and services are determined by competitive market forces rather than a patchwork of varying state laws preempts California’s state laws requiring mandatory meal and rest breaks.”
   In its case, the carrier argued that the FAA bill works to prevent states from introducing regulations that would inhibit carrier routes, impact trucking pricing or limit services; the California law impacts routes, pricing and services, it said.
   Michael Duff, Penske’s senior vice president and general counsel, said in a statement that the Supreme Court needs to address the issue for the good of the entire industry.
   “The Ninth Circuit’s decision significantly impacts the entire transportation industry as well as the flow of commerce and ultimately impacts consumers,” he said.