Penske Logistics has filed a petition seeking a United States Supreme Court review of a Ninth Circuit Court of Appeals decision in the matter of Dilts et al. v. Penske Logistics LLC and Penske Truck Leasing Co., L.P. – a case revolving around whether state law can trump federal law when it comes to requiring mandatory meal and rest breaks for truck drivers.
Penske maintains the Federal Aviation Administration Authorization Act of 1994, which prohibits states from enacting laws related to prices, routes or services of a motor carrier, preempts California meal and rest break laws as applied to motor carriers.
In 2011, the U.S. District Court ruled in Penske’s favor on this issue, but the Ninth Circuit Court of Appeals overturned that decision in late 2014.
In its petition, Penske argues that the Ninth Circuit’s decision is at odds with Supreme Court decisions in other preemption cases.
“This case has sweeping impacts on how the trucking industry operates and disrupts competitive market forces,” said Michael Duff, senior vp & and general counsel for Penske, in a statement.
“Safe drivers are a top priority at Penske and we already encourage our drivers to take their necessary safety rest and meal breaks while driving their routes and serving our customers’ delivery needs,” he continued.
“We’re asking the Supreme Court to resolve this issue for our company and the trucking industry," Duff added. "The Ninth Circuit’s decision significantly impacts the entire transportation industry as well as the flow of commerce and ultimately impacts consumers.”
Penske noted that it is represented in the Supreme Court appeal by Latham & Watkins LLP of Washington, DC, and Scopelitis, Garvin, Light, Hanson & Feary, P.C. of Indiana.
