What authority does SBC have over state highways? The question
about local government control over highways and interstate
commerce was answered by Congress and federal jurisdiction was
upheld by the Supreme Court. Simply put, state and local government
are preempted by federal authority.
What authority does SBC have over state highways? The question about local government control over highways and interstate commerce was answered by Congress and federal jurisdiction was upheld by the Supreme Court. Simply put, state and local government are preempted by federal authority.
Trucking Industry Regulatory Reform Act, Aug. 26, 1994, Pub.L. 103-311, 108 Stat. 1683 (Tirra), completing deregulation that started with Motor Carrier Reform Act, July 1, 1980, Pub.L. 96-296, 94 Stat. 793 (MCRA), was held constitutional in Kelley v. United States, 69 F 3d 1503 (10th Cir. 1995), cert. denied, 116 S.Ct. 1566, 134 L.Ed.2d 665 (1996).
In denying the petition for certiorari by four States’ Attorneys General and the Coalition Against Federal Preemption of State Motor Carrier Regulation, which was written by TLA’s Past-President Robert E. McFarland and Jennifer A. Hay, our highest court let stand the Tenth Circuit’s decision federal preemption stripped the states and local government of authority over interstate and intrastate trucking. Subsequently, Congress decreed this policy to be untouchable in other enactments, e.g. Transportation Equity Act for the 21st Century (TEA-21). It can also be found in USDOT’s TEA-21 reauthorization legislation, HR-2088, the $385 billion now pending in the House of Representatives Transportation and Infrastructure Committee. In the face of the paramount language, “No state of local government shall enact or enforce any rule or regulation…” what authority is left to local government? With the exception of safety enforcement, very little.
Anyone in local government interested in improving highways on the Central California Coast Region, in view of the federal preemptions that exists, ought to follow the lead of Jim Nicholas, chief Highway Planning, Caltrans, Sacramento, who on June 1, 2001 at San Jose City Hall told the California Transportation Commission that California needs more intermodal facilities. Local politicians desiring improved highway conditions on local roads ought to join with Congressman Mike Honda and his T&I subcommittee, the Freight Connectors Caucus, and Transportation Secretary Mineta numerous pronouncements (some of which you can read on USDOT’s Web site) regarding increasing intermodal transportation in the United States and throughout North America under NAFTA.
Under TEA-21, and its likely successor legislation, San Benito County has an excellent opportunity presented to its residents to become the “Intermodal Gateway to Silicon Valley,” and the “Intermodal Gateway from Salinas Valley.” Local government leaders could, if we are successful in this endeavor, rightfully claim credit for bringing this county the following benefits:
1. Facilitate commerce and trade.
2. Improve transportation (passenger and freight).
3. Stimulate the local economy.
4. Create local jobs.
5. Increase local capital spending and investment.
6. Reduce highway maintenance expenses.
7. Reduce air pollution and improve air quality.
8. Reduce highway congestion (divert trailers and containers to rail routes).
9. Improve highway safety and reduce accidents.
10. Increase local government tax base.
11. Create transport options for growers, packers, shippers and receivers.
12. Improve product profitability during truck shortages.
13. Reduce border crossing delays for NAFTA products trade.
14. Retain affordable housing by reducing traffic impact fees.
15. Maintain character and environment of county.
16. Preserve agricultural land and small farms.
17. Reduce fuel consumption.
18. Reduce driver fatigue-related accidents.
19. More responsive management to competitive marketplace.
20. Less government, less taxes and therefore, greater competitive success rate and fewer business failures and bankruptcies.
The question is: Does SBC have the leadership to make this dream a reality? Caveat Viator!
Joseph P. Thompson,
Tres Pinos
