General

You are here

PDA-37(R): New York City permit requirements for transportation of certain hazardous materials

PDA-37R Preemption Description
PD and Docket Number
Applicant
Subject SummaryRulingStatus

PDA-37(R)
PHMSA-2014-0003

American Trucking Associations, Inc.

New York City permit requirements for transportation of certain hazardous materials

The inspection and permit requirements are preempted by the federal hazmat law, with respect to trucks based outside the inspecting jurisdiction, because scheduling and conducting a vehicle inspection may cause unnecessary delays in the transportation of hazardous materials from locations outside the City of New York. The permit fee is also preempted because the City of New York has not shown that the fee it imposes with respect to its permit and inspection requirements is "fair" or "used for a purpose related to transporting hazardous material," as required by the federal hazmat law.

82 FR 31390 (7/6/17).
Updated: Wednesday, January 24, 2018