FMSCA denies N.J. drayage truck petition

FMSCA denies N.J. drayage truck petition    The U.S. Federal Motor Carrier Safety Administration has denied a New Jersey Motor Truck Association petition requesting that the agency determine the Port Authority of New York and New Jersey’s drayage truck registry sticker display program is preempted by federal law.
   The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) prohibits states from requiring motor carriers to display in or on commercial motor vehicles any form of identification other than forms required by the Transportation Department, with certain exceptions. FMCSA has determined the port authority’s sticker display program is not preempted.
   In an effort to reduce port-related diesel and greenhouse gas emissions, the port authority is implementing a truck phaseout plan that will deny old drayage trucks access to its marine terminal facilities. The port authority began on Jan. 1 denying drayage trucks with pre-1994 model year engines access to marine terminal facilities. Effective Jan. 1, 2017, it will deny drayage trucks equipped with engines that fail to meet or exceed 2007 model year federal heavy-duty, diesel-fueled, on-road engine emission standards access to marine terminals.
   To implement the truck phaseout plan, the port authority will require drayage trucks accessing marine terminals to be registered in the drayage truck registry. The port authority will issue compliance stickers to drayage trucks that are compliant with the phaseout plan to facilitate and expedite transit of those trucks through marines.
   The port authority has amended its marine tariff (PAMT FMC No. 10) to require trucks entering marine terminals to display a sticker showing compliance with its new drayage truck registry. On Oct. 15, 2010, and in response to the NJMTA’s petition, the port authority changed its tariff to clarify that the stickers are a 'voluntary way to demonstrate compliance' with the drayage truck registry and that no truck will be denied access to marine terminals for failure to display a sticker.
   The NJMTA represents more than 500 trucking companies with operations in New Jersey.
   The FMSCA's Federal Register notice is available here.