WASHINGTON - The Federal Motor Carrier Safety Administration (FMCSA) has granted three petitions filed with it by the American Trucking Associations and strongly supported by TRALA. The successful petitions challenged the credential requirements imposed on interstate carriers by the state of New Jersey, New York City, and Cook County, Illinois.
In its letter to the FMCSA, TRALA cited federal statute 49 U.S.C. 14506, which is part of the 2005 SAFETEA-LU federal highway reauthorization bill. This statute, which was supported by TRALA at the time of its passage, generally preempts any state or locality from requiring motor carriers to display any form of identification other than forms required by the U.S. Secretary of Transportation, apart from certain narrow exceptions.
The New Jersey requirement was a special license plate or decal issued to identify petroleum haulers, and both the New York City and Cook County requirements were for decals connected with local taxation. The FMCSA asked for public comments on the challenges, and received responses only from industry representatives, all of which argued that the federal statute preempted state and local law.
In its decision, the agency ruled that all three credentials were prohibited under Section 14506, since they did not meet any of the exceptions provided for by the law. The decision is in the Federal Register of October 20 and may be found by clicking here.
If you wish to view the TRALA comments in opposition to the credential requirements, click here.
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