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As it Applies to States, Counties and Cities Permitting and Road Postings
Effects On Commercial Vehicles Prices, Routes or Services

The Federal Aviation Administration Authorization (FAAA) Act of 1994, is
codified in 49 U.S. Code Section 14501(c). Its general rule states:

No state or any political subdivision of a state (e.g., counties, cities, townships, villages) may enact or enforce a law, regulation, or other provision having the force and effect of law, related to a price, route, or service of any motor carrier with respect to the transportation of property.
There are only two specific exceptions contained in Section 14501(c)(2) that could affect motor carriers.

  1. The preemption general rule shall not restrict the safety regulatory
    authority of a state with respect to motor vehicles. (Road wear has nothing
    to do with safety)
  2. The preemption general rule shall not restrict the authority of a state
    to impose highway route controls or limitations based on the size or weight
    of the motor vehicle. Thus, if a state or local law is related to the price,
    route, or service of a motor carrier of property, that law is preempted
    unless it fits within these exceptions provided in section 14501(c)(2).

U.S. Supreme Court - (View More)
City of Columbus, et al., Petitioners v. Ours Garage and
Wrecker Service, Inc., et al

- Supreme Court Opinion
- Dissenting Supreme Court Opinion
- Opinion Syllabus

U.S. Eastern District Court of California - (View More)
CALIFORNIA DUMP TRUCK OWNERS ASSOCIATION v. GRAY DAVIS

9th U.S. Circuit Court of Appeals Case - (View More)
TOCHER v. CITY OF SANTA ANA

Link to Head Page of Site: (View More)

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