ATA Challenges State and Local Truck Credentials

Section 4306 of the 2005 federal highway reauthorization bill (SAFETEA-LU), now codified in federal law at 49 U.S. Code 14506, prohibits state and local governments from imposing on interstate motor carriers any requirement that the carrier display any credentials in or on a commercial motor vehicle except credentials:  (1) issued under the International Registration Plan, (2) issued under the International Fuel Tax Agreement, (3) issued under a state law regarding motor vehicle license plates, (4) issued in connection with federal hazardous materials transportation, or (5) issued in connection with federal motor carrier safety inspection requirements.  A subsequent amendment also allows the states that had weight-distance taxes in 2005 – that is, Kentucky, New Mexico, New York, and Oregon – but only those states, to impose a credential requirement in connection with such a tax.   

ATA has challenged several credential requirements preempted under the new federal law:  a New York City sticker requirement, a Cook County, Illinois, decal requirement, and a special license and license plate requirement imposed by New Jersey on carriers hauling petroleum products.  ATA sent letters to each of these governments asking them to suspend these requirements; upon receiving no replies, ATA has petitioned the Federal Motor Carrier Safety Administration for rulings on each one.  FMCSA has promised ATA that it will issue decisions on our petitions soon.

In separate action, however, the Illinois State's Attorney's Office for Cook County has admitted in a letter to FMCSA that the County sticker requirement is unenforceable under the new federal law.  ATA is following up to convince cities and towns in the county to drop their similar requirements as well.