X hits on this document

Word document

COURT OF APPEAL, FOURTH APPELLATE DISTRICT - page 8 / 29

68 views

0 shares

0 downloads

0 comments

8 / 29

. . . may not 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."  (49 U.S.C. § 14501(c)(1).)  The phrase "related to" in this general preemption provision is "interpreted quite broadly."  (Independent Towers of Washington v. Washington (9th Cir. 2003) 350 F.3d 925, 930 (Independent Towers).)  Thus, " '[a] state or local regulation is related to the price, route, or service of a motor carrier if the regulation has more than an indirect, remote, or tenuous effect on the motor carrier's prices, routes, or services.' "  (Ibid., quoting Tocher v. City of Santa Ana (9th Cir. 2000) 219 F.3d 1040, 1047, overruled in part on other grounds by City of Columbus, supra, 536 U.S. 424 and by Tillison v. City of San Diego (9th Cir. 2005) 406 F.3d 1126, 1127.)

The FAAAA contains four express exceptions to this general preemption provision (49 U.S.C. § 14501(c)(2); City of Columbus, supra, 536 U.S. at p. 429), only two of which are applicable here.  The FAAAA provides that its general preemption rule "shall not restrict the safety regulatory authority of a State with respect to motor vehicles."  (49 U.S.C. § 14501(c)(2)(A), hereafter the "safety exception.")  It further provides that its general preemption rule "does not apply to the authority of a State . . . to enact or enforce a law, regulation, or other provision, relating to the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior written consent or authorization of the owner or operator of the motor vehicle."  (49 U.S.C. § 14501(c)(2)(C), hereafter the "nonconsensual towing exception.")

8

Document info
Document views68
Page views68
Page last viewedSun Dec 04 06:44:39 UTC 2016
Pages29
Paragraphs130
Words7802

Comments