a Florida passenger transportation advocacy group
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Citizens Right To Challenge The Illegal Rules Of The Hillsborough County Public Transportation Commission Passes First Hurdle
Change In Law Which Will Allow Rules Challenges To Be Brought Before The Division of Administrative Hearings Receives A Thumbs Up By The Hillsborough Delegation & The Bill Is Heading To Tallahassee
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The Florida Intrastate Transportation Alliance
FL
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The Federal Preemption
Now Before The United States Court
Middle District Of Florida
Federal Authority Over Intrastate Transportation
Title 49 U.S.C. ss 14501 ( a ) ( 1 ) ( C )
No State or political subdivision thereof shall enact or enforce any law, rule, regulation, standard, or other provision having the force and effect of law relating to-
the authority to provide intrastate or interstate charter bus transportation.
The Florida Legislature Has Incorporated The Definitions Of C.F.R. 390.5 Into Florida Law Under Chapters 316.70 & 316.302
C.F.R. 390.5 Definition of Charter Transportation
Charter transportation of passengers means transportation, using a bus, of a group of persons who pursuant to a common purpose, under a single contract, at a fixed charge for the motor vehicle, have acquired the exclusive use of the motor vehicle to travel together under an itinerary either specified in advance or modified after having left the place of origin.
Florida Bus Definition
Chapter 316.003 ( 3 ) Florida Statutes
ANY motor vehicle designed for carrying more than 10 passengers and used for the transportation of persons and ANY motor vehicle, other than a taxicab, designed and used for the transportation of persons for compensation
"the Senate note leaves no doubt that Congress intended to strike the authority of the states to regulate intrastate and interstate charter bus transportation. There is no suggestion that the scope of this preemption should be curtailed for charter service that might somehow qualify as livery service"
United States District Court, E.D. Louisiana
Transportation Policy Of The United States
(in part)
Title 49 ss 13101 U.S.C.
Administration To Carry Out Policy.— This part shall be administered and enforced to carry out the policy of this section and to promote the public interest
Federal Definition of Taxicab Service
Title 49 ss 13102 U.S.C.
(22) Taxicab service.— The term “taxicab service” means passenger transportation in a motor vehicle having a capacity of not more than 8 passengers (including the driver), not operated on a regular route or between specified places, and that—
(A) is licensed as a taxicab by a State or a local jurisdiction; or
(B) is offered by a person that—
(i) provides local transportation for a fare determined (except with respect to transportation to or from airports) primarily on the basis of the distance traveled; and
(ii) does not primarily provide transportation to or from airports. (emphasis supplied)
What Has The US Supreme Court & Federal Circuits Written About The Preemptive Powers Of Section 14501?
Federal Circuits Have Long Recognized That Planned Transportation To & From Interstate Transportation Hubs Is Deemed To Be Within The Stream Of Interstate Commerce.
The Florida Intrastate Transportation Alliance
FL
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