FREE BOOKS

Author's List




PREV.   NEXT  
|<   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247  
248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   >>   >|  
is no federal act dealing with the separation of races in interstate transportation, we must decide the validity of this Virginia statute on the challenge that it interferes with commerce, as a matter of balance between the exercise of the local police power and the need for national uniformity in the regulations for interstate travel. It seems clear to us that seating arrangements for the different races in interstate motor travel require a single, uniform rule to promote and protect national travel. Consequently, we hold the Virginia statute in controversy invalid." STATE REGULATION OF MOTOR VEHICLES; VALID REGULATIONS Cases arising under this caption further illustrate the competition for judicial recognition between the interstate commerce interest and local interests, especially that of public safety. A new element enters the problem, however, which lends some added weight to the claims of the police power, the fact, namely, that motor vehicles use highways furnished and maintained by the State. A State is entitled to enact a comprehensive scheme for the licensing and regulation of motor vehicles using its highways with a view to insuring itself of reasonable compensation for the facilities afforded and to providing adequate protection of the public safety; and such scheme may embrace out-of-State vehicles using the State's highways.[825] Thus legislation limiting the net loads of trucks using the State's highways is valid;[826] as are also, in the absence of national legislation on the subject, State regulations limiting the weight and width of the vehicles themselves, provided such regulations are applied without discrimination as between vehicles moving in interstate commerce and those operating only intrastate.[827] Likewise, a State may deny a certificate of public convenience and necessity to one desiring to operate a common carrier over a particular highway to an out-of-State destination in an adjacent State, on the ground that the specified route is already congested. So it was held in Bradley _v._ Public Utilities Commission of Ohio,[828] in which the Court took cognizance of the full hearing accorded the appellant, and of his failure to choose another route, although he was at liberty to do so. And in Maurer _v._ Hamilton a Pennsylvania[829] statute prohibiting the operation over its highways of any motor vehicle carrying any other vehicle over the head of the operator was upheld in the absence of
PREV.   NEXT  
|<   223   224   225   226   227   228   229   230   231   232   233   234   235   236   237   238   239   240   241   242   243   244   245   246   247  
248   249   250   251   252   253   254   255   256   257   258   259   260   261   262   263   264   265   266   267   268   269   270   271   272   >>   >|  



Top keywords:

interstate

 
vehicles
 

highways

 
commerce
 
travel
 

regulations

 

national

 

public

 
statute
 
vehicle

safety
 

weight

 

scheme

 

Virginia

 

legislation

 

limiting

 

absence

 

police

 
certificate
 
operate

common

 

carrier

 

Likewise

 

desiring

 

necessity

 

convenience

 
subject
 
trucks
 

provided

 
applied

operating

 
intrastate
 

moving

 
discrimination
 
Utilities
 

liberty

 
failure
 

choose

 

Maurer

 
Hamilton

operator

 

upheld

 

carrying

 

operation

 

Pennsylvania

 

prohibiting

 
appellant
 

congested

 

ground

 

highway