American Bus Association



DRAFT TEMPLATEMay 24, 2019The Honorable Raymond P. Martinez, AdministratorFederal Motor Carrier Safety AdministrationU.S. Department of Transportation1200 New Jersey Avenue, S.E.Washington, D.C. 20590-0001Re: Docket No. FMCSA-2019-0048; California Meal and Rest Break Rules; Petition for Determination of PreemptionDear Administrator Martinez:[Name of company, city and state] submits these comments to the Federal Motor Carrier Safety Administration in support of a determination that the State of California Meal and Rest Break Rules (“MRB Rules”) for drivers of passenger-carrying motor vehicles subject to the FMCSA’s hours of service (“HOS”) regulations are preempted under 49 U.S.C. § 31141. 84 Fed. Reg. 20463 (May 9, 2019). We are a [scheduled regular route/charter] bus operator providing passenger service into and through the State of California. [Describe the nature of the carrier’s operations, number of vehicles, employees, types of service.] The MRB requirements for a 30-minute meal break after five hours on duty and a 10-minute rest break after every four hours on duty are completely unworkable in the context of our daily operations and they undermine the flexibility provided in the FMCSA’s driver hours of service regulations for motor carriers of passengers. Under 49 C.F.R. § 395.5, a bus driver may drive up to ten hours in a 15-hour duty period, and may take time off duty in the middle of a daily duty period for a rest break, and extend the 15-hour window in which they may drive. See 49 C.F.R. § 395.5(a)(2). This gives bus drivers greater flexibility to set their own driving and break schedules on a daily basis. Imposing the California MRB rules on top of the HOS requirements interferes with operational schedules, service connections, and the driver’s responsibility for the safety and security of the passengers and the vehicle. First, even though required by the MRB rules, a driver can never be truly “off duty” during a meal or rest break while transporting passengers. The driver must ensure than the passengers are able to de-board and re-board the vehicle safely, and if a passenger is in a wheelchair the driver must use the left to allow the passenger in a wheelchair the same opportunity to de-board and re-board. The driver must also be responsible for the safety of the vehicle and its contents during the break. Additionally, the driver must be available to respond to any questions from passengers about the schedules, routing, amenities, or itineraries for the trip. [Describe how the MRB rules interfere with your company’s operations. Use one or more real world examples of how the 30-minute meal break or the 10-minute rest break interfere with your operations, whether scheduled service or charter.]The FMCSA has identified some 20 states that have various meal and rest break requirements. If our company had to comply with all of these requirements in addition to the federal HOS rules, it would interfere with our service and make it impossible to meet planned schedules or itineraries.For these reasons we request that the FMCSA find that the California MRB requirements are preempted under 49 U.S.C. § 31141.Respectfully submitted,NameTitle ................
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