FMCSA weighs in on N.J. truck, port sticker debate
The Federal Motor Carrier Safety Administration has requested comments on a New Jersey Motor Truck Association petition that the agency declares the Port Authority of New York and New Jersey's Drayage Truck Registry (DTR) sticker display requirement preempted by federal law.
SAFETEA-LU prohibits states from requiring trucks to display on their vehicles any form of identification other than those required by the U.S. Transportation Department.
On Oct. 1, the port authority amended its marine tariff to require trucks entering its marine terminals to display a sticker showing compliance with its new DTR. After protest from the New Jersey Motor Truck Association (NJMTA), the port authority on Oct. 15 amended the tariff to clarify that the compliance stickers are a voluntary way to demonstrate compliance with the DTR and that no truck will be denied access to marine terminals for failure to display a sticker.
Not satisfied, the NJMTA wants the FMSCA to formally declare the port authority's DTR voluntary sticker display unnecessary under SAFETEA-LU. The trade association represents more than 500 trucking companies with operations in New Jersey.
To reduce port-related diesel emissions, the port authority is implementing a truck phase-out plan that will deny pre-1994 model year drayage trucks access to its marine terminals, effective Jan. 1. The port authority will specifically deny those trucks equipped with engines that fail to meet or exceed 2007 model year federal heavy-duty, diesel-fueled, on-road emission standards. As part of its truck phase-out plan, the port authority will require drayage trucks accessing its marine terminals to be registered in the DTR.
Comments are due to the FMSCA by no later than Jan. 3. For more details, access the Federal Register notice.