The Owner-Operator Independent Drivers Association (OOIDA) filed a lawsuit in the U.S. District Court, Eastern District of California, last last week against the California Air Resources Board (CARB) on Friday, claiming that the CARB's Truck and Bus Regulation is unconstitutional and discriminates against out-of-state truckers.
The Truck and Bus Regulation, which went into effect January 1, 2012, requires 1996-2006 model year trucks more than 14,000 pounds to be replaced or retrofitted with particulate matter filters and prohibits older trucks that have not been replaced or retrofitted from operating on public roads in California. OOIDA is asking the court permanently enjoin CARB from implementing or enforcing the Truck and Bus Regulation against the plaintiffs and other truck owners or operators who reside or conduct business primarily outside California.
The association contends that the CARB regulation violates the Commerce Clause of the U.S. Constitution, prohibiting state laws and regulations that discriminate against interstate commerce or unduly burden interstate commerce. The brief filed by OOIDA states that CARB regulations have caused, and will continue to cause, irreparable harm to truckers who have been shut out of the California market because of the costs of compliance.
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