The Florida Intrastate Transportation Alliance

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.

Charter Transportation Definition 

49 CFR 390.5

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

What Has The US Supreme Court & Federal Circuits Written About The Preemptive Powers Of Section 14501?

• The Area Congress Sought To Deregulate Was Economic Regulation - US Supreme Court
• Congress unmistakably sought to strike the authority of the states to regulate intrastate and interstate charter bus transportation. US District Court, E.D. Louisiana
• Automobiles are instrumentalities Of Commerce even when used solely for intrastate purposes. 14501 was within Congress' Commerce powers because it regulates an instrumentality of commerce. US Court of Appeals 9th District
• One of the ways in which Congress has undertaken to accomplish the policies and goals set forth in ss 13101 is by deregulating certain components of the transportation industry, as revealed by express preemption provisions such as ss14501(c)(1). US 11th Circuit of Appeals 
• More particularly, the reports issued in connection with ss 14501 suggest that its primary purpose was to eliminate local economic regulation... US Court of Appeals for the 5th Circuit
• Simply stated, current federal law and public policy instruct that bus charter services may not be locally regulated. US District Court, E.D. Louisiana

Federal Circuits Have Long Recognized That Planned Transportation To & From Interstate Transportation Hubs Is Deemed To Be Within The Stream Of Interstate Commerce.