FREE BOOKS

Author's List




PREV.   NEXT  
|<   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   273   >>   >|  
conflicting Congressional legislation. Similarly, in Welch _v._ New Hampshire[830] a statute of that State establishing maximum hours for drivers of motor vehicles was held not to be superseded by the Federal Motor Carrier Act prior to the effective date of regulations by the Interstate Commerce Commission dealing with the subject. Nor was pendency before the Interstate Commerce Commission of an application under the Motor Carrier Act for a license to operate a motor carrier in interstate commerce found to supersede as to the applicant the authority of a State to enforce "reasonable regulations" of traffic upon its highways. "In the absence of the exercise of federal authority," said the Court, "and in the light of local exigencies, the State is free to act in order to protect its legitimate interests even though interstate commerce is directly affected."[831] And for the same reason New York City was entitled to apply to trucks engaged in the delivery of goods from New Jersey a traffic regulation forbidding the operation on the streets of an advertising vehicle.[832] Said Justice Douglas for the Court: "Many of these trucks are engaged in delivering goods in interstate commerce from New Jersey to New York. Where traffic control and the use of highways are involved and where there is no conflicting federal regulation, great leeway is allowed local authorities, even though the local regulation materially interferes with interstate commerce."[833] Also, the Court has consistently sustained State regulations requiring motor carriers to provide adequate insurance protection for injuries caused by the negligent operation of their vehicles.[834] INVALID STATE ACTS AFFECTING MOTOR CARRIERS A State law which imposes upon all persons engaged in transporting for hire by motor vehicle over the public highways of the State the burdens and duties of common carriers and requires them to furnish bonds to secure the payment of claims and liabilities resulting from injury to property carried, may not be validly applied to a private carrier which is engaged exclusively in hauling from one State to another State the goods of particular factories under standing contracts with their owners, the said carrier enjoying neither a special franchise nor using the eminent domain power.[835] On the other hand, a State statute which prohibits common carriers for hire from using the highways of the State between fixed termini or over regular ro
PREV.   NEXT  
|<   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   273   >>   >|  



Top keywords:

highways

 
interstate
 

commerce

 
engaged
 
regulations
 

regulation

 

carriers

 

traffic

 
carrier
 
authority

federal
 

trucks

 

common

 

vehicle

 

Jersey

 

operation

 

vehicles

 

conflicting

 
Interstate
 
Commerce

Carrier

 

statute

 

Commission

 

public

 

Hampshire

 

requiring

 
legislation
 
provide
 

persons

 
transporting

Similarly

 
burdens
 

duties

 
secure
 
payment
 

furnish

 
Congressional
 

requires

 

imposes

 
caused

injuries

 

negligent

 

INVALID

 

AFFECTING

 

adequate

 

insurance

 
protection
 

CARRIERS

 

carried

 

domain