California judge says '"no" to local truck ordinances

| Friday, December 21, 2001

Cities and counties cannot restrict heavy trucks from certain routes in California, according to a Sacramento district judge. Frank C. Damrell Jr., U.S. District Court Eastern District of California, ruled Oct. 30 against local ordinances that restrict heavy-truck routes through certain cities and counties in California.

The ruling says the state may not pass its authority over motor carrier routes, prices or services along to its city and county governments because it violates a 1994 federal law - the Federal Aviation Administration Authorization Act (FAAAA). The ruling resulted from a lawsuit California Dump Truck Owners Association (CDTOA) and Southern California Contractors Association (SCCA) filed a lawsuit against Governor Gray Davis and Attorney General Bill Lockyer.

The lawsuit claims that certain provisions of the California Code, which authorize municipalities to enact regulations related to motor carriers, are preempted by the FAAAA.CDTOA is a statewide trade organization whose members include about 1,500 dump trucking and construction trucking companies located throughout California.SCCA is a trade organization representing 300 businesses in 12 southern California counties. Its members include general engineering and building contractors, and their affiliated companies, whose business operations include hauling equipment, goods and supplies.

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