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.

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. 

• to promote safe, adequate, economical, and efficient transportation;
• meet the needs of shippers, receivers, passengers, and consumers;
• allow a variety of quality and price options to meet changing market demands and the diverse requirements of the shipping and traveling public;
• allow the most productive use of equipment and energy resources;
• provide and maintain service to small communities and small shippers and intrastate bus services;
• to cooperate with the States on transportation matters for the purpose of encouraging the States to exercise intrastate regulatory jurisdiction in accordance with the objectives of this part;
• to provide Federal procedures which ensure that intrastate regulation is exercised in accordance with this part; and

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?

• 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.