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.
- 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)
- 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) |