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Thread: US Court, Local Economic Regulation Of 16 Passenger Charter Vehicles Prohibited

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    Super Moderator gunny's Avatar
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    Default US Court, Local Economic Regulation Of 16 Passenger Charter Vehicles Prohibited

    In defeat there is victory.

    I set out to challenge the District Federal Court in Tampa ruling that the federal preemption under Title 49 ss 14501 prohibiting States and local regulators from requiring intrastate and interstate motor carriers providing charter transport of passengers to obtain COPCN permits is applicable to vehicles designed to carry 16 passengers or more including the driver.

    I made my case to the 11th Federal Circuit Court of Appeals that such should apply to 10+pax vehicles. The Court Affirmed the District Court's ruling.

    This ruling actually conflicts with the Federal Court of appeals out of Colorado which ruled that State law should apply with CO State Law setting the minimum capacity at 32 passengers. (see: Alex's v Colorado PUC)

    The Tampa Federal Court & 11th Circuit has determined that the federal preemption applies to motor carriers providing intrastate or interstate charters in vehicles with a capacity of 16 passengers or more.

    Impact:

    Tampa... As reported years ago on LDC, the PTC has been requiring Operators using 16 passenger or higher capacity vehicles, in particular Stretch SUV's, to obtain PTC certificates. If the carrier is providing chartered transportation, any demand by the PTC to obtain such is now a violation of federal law.

    Orlando... Last check, the City of Orlando requires carriers operating buses up to 22 passengers to obtain permits from the city. If the Carrier is providing charters, this is a violation of federal law.

    Nationally... Any state or local regulator requiring authority to provide charter passenger transport in any vehicle 16 passengers or more are doing such in violation of federal law. This includes Colorado, California and who would of guessed...Nevada. All of whom require motor carriers to obtain authority prior to transporting intrastate chartered passengers.

    I fight pro se' and don't have the skills to take this any higher but I am satisfied that I have established precedent which will clip the wings of abusive regulators nationally. In the meantime, I still have a constitutional challenge to the PTC's special law in state court which I do plan on taking all the way to the FL Supreme Court if need be. .
    Last edited by gunny; July 18th, 2011 at 09:58 AM.
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
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    Nice job.
    Tough times don't last. Tough people do.

    Limo Kings Limousine Service
    www.limokings.net

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    Super Moderator gunny's Avatar
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    Quote Originally Posted by Geoff Levine View Post
    Nice job.
    One of the big issues with this case was the Federal Judge in Tampa shooting down the approach the federal court in Colorado used in a similar case. In the CO case the federal court simply looked at what CO law defined charter bus transportation as. The Tampa Judge ruled that the federal preemption would be worthless if every state could define what charter transportation was. So the Tampa Judge set out to provide a bus definition under federal law & with the 11th Circuit affirming, CO motor carriers now being forced to obtain PUC authority for 16 - 31 passenger vehicles have case law to go to battle with.

    In addition, CA PUC has set chartered bus transportation regs based on the CO Case. So, CA motor carriers can now go to battle. Does the "school bus" classification which has been screwing up prom transport violate federal preemption?

    Nevada is a biggie with this as there are plenty of 16+ pax vehicles the motor carriers must obtain COPCN for ...

    I set the precedent... motor carriers must bring on the fight!!!
    Airport Limo Service Spring Hill, Brooksville, Citrus County FL
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    Senior Member Wade Randolph's Avatar
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    At my last meeting with our state regulatory board called the LA Public Service Commission I was told that they were waiting for some cases in the courts that would take them out of the regulatory process. They even seemed relieved that it might be coming soon.

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    Senior Member TBLIMO's Avatar
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    Angry More corrupt judges in the south, hang'em in town square!!

    Good fight brother, we have more stuff to file, we will take them and their supporters out of business. Don't forget that we put the pimp in jail

    Moshe Leib.
    Put Pimpin Kevin White in Jail, Abolishing the HCPTC.
    Moshe Leib

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