The Federal Motor Carrier Safety Administration said Tuesday, Oct. 19, that it has granted three petitions submitted by the American Trucking Associations requesting determinations that the commercial motor vehicle identification requirements imposed by the State of New Jersey, New York City, and Cook County, Ill., are preempted by federal law.
FMCSA says the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA–LU) prohibits states and their political subdivisions from requiring motor carriers to display in or on CMVs any form of identification other than forms required by the Secretary of Transportation, with certain exceptions. FMCSA said it was granting ATA’s requests because the three credential display requirements do not qualify for the relevant statutory exception for state display of credentials and are preempted by federal statute.
New Jersey’s tax code requires all motor carriers hauling, transporting or delivering fuel to display a Motor Fuel Transport License Plate and annual Transport License Certificate; this requirement applies to all motor carriers hauling, transporting or delivering fuel in New Jersey regardless of their state of domicile or registration. New York City’s Administrative Code requires CMVs used principally in New York City or in connection with a business within New York City to pay a tax and display a stamp; the requirement appears to apply whether or not the CMV is registered to an address in New York City. Cook County’s Code of Ordinances requires motor vehicle owners residing within the unincorporated area of Cook County to display a window sticker showing payment of fees and to paint business vehicle identification information on their vehicles.