De Facto “re-regulation” will hurt port truckers
December 28, 2010 - LM Editorial
In order to prevent an unworkable patchwork of local and state laws that impede the efficient movement of goods in interstate commerce, The Owner-Operator Independent Drivers Association (OOIDA), are asking that new “green” registries be prohibited.
They rightly point out that over the past few years, port authorities are requiring interstate motor carriers to affix compliance decals, RFID tags (radio-frequency identification), or participate in mandatory registries as part of an environmental effort to reduce emissions.
Failure to comply with the registries means denial of a motor carrier’s ability to offer service in the marketplace and potential fines.
In my state of California, the Air Resources Board has also been conducting such a registry since 2007.
Petitioners argue that this practice violates Section 209(c) of the Federal Aviation Administration Authorization Act (FAAAA) resulting in a regulatory regime that affects the price, route, or service offered by motor carriers.
“Registries and their required identification stickers are essentially a de facto re-regulation of interstate commerce,” said OOIDA President Jim Johnston. “These illegal practices should not be carried out under the guise of compliance with environmental regulations.”
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