Calif. Court Ruling Questions Municipal Authority Over Carriers
California Trucking Association Vice President Warren Hoemann said the July 10 decision on tow truck operations by the 9th U.S. Circuit Court of Appeals in San Francisco may be broad enough to cover other trucking-related services routinely regulated by local authorities, such as oversize and overweight movements and special routing. If challenged, local statutes may not stand up to the test.
The city of Santa Ana required tow truck operators to obtain permits and regulated their hours of operation and rates for towing. But the court ruled that the city had preempted federal and state responsibilities, and said California has not delegated and cannot delegate these responsibilities to local governments.
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