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Full-Text Articles in Law
Interstate Commerce - Constitutionality Of State Weight And Size Limitations As Applied To Interstate Motor Carriers, Paul G. Kauper
Interstate Commerce - Constitutionality Of State Weight And Size Limitations As Applied To Interstate Motor Carriers, Paul G. Kauper
Michigan Law Review
A South Carolina statute limited the width of motor trucks (including semi-trailers) to 90 inches and their gross weight to 20,000 pounds. The validity of this legislation was challenged before a three-judge federal court on three grounds: (1) that it was a denial of due process under the Fourteenth Amendment; (2) that the power of the states to regulate size and weight of motor vehicles used in interstate commerce had been superseded by the Federal Motor Carrier Act of 1935; (3) that the statute as applied to vehicles used by interstate motor carriers placed an unreasonable burden upon interstate commerce. …
Interstate Commerce - Federal Motor Carrier Act - Extent Of Supersedure Of State Jurisdiction, William Stout Gordon
Interstate Commerce - Federal Motor Carrier Act - Extent Of Supersedure Of State Jurisdiction, William Stout Gordon
Michigan Law Review
Prior to the passage of the Federal Motor Carrier Act of 1935, interstate motor carriers were subject to regulation by the states to a limited extent. This power to regulate may be briefly summarized as follows: (1) a state could not require interstate motor carriers to show that their operation was required in the interest of public convenience and necessity; (2) it could regulate to some extent the service and facilities offered by such carriers but it could not regulate their rates; (3) it could require them to carry liability insurance for the protection of third parties but it could …