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.