INTERSTATE COMMERCE - FEDERAL MOTOR CARRIER ACT - EXTENT OF SUPERSEDURE OF STATE JURISDICTION

Authors

William Stout Gordon, University of Michigan Law SchoolFollow

Abstract

Prior to the passage of the Federal Motor Carrier Act of 1935, interstate motor carriers were subject to regulation by the states to a limited extent. This power to regulate may be briefly summarized as follows: (1) a state could not require interstate motor carriers to show that their operation was required in the interest of public convenience and necessity; (2) it could regulate to some extent the service and facilities offered by such carriers but it could not regulate their rates; (3) it could require them to carry liability insurance for the protection of third parties but it could not require them to carry insurance to assure the satisfaction of legal liabilities to passengers and shippers; (4) it had a wide power to regulate interstate motor carriers in the interests of public safety; (5) it could impose regulation designed to conserve its highways and prevent congestion upon them.

Recommended Citation

William S. Gordon, INTERSTATE COMMERCE - FEDERAL MOTOR CARRIER ACT - EXTENT OF SUPERSEDURE OF STATE JURISDICTION, 36 Mich. L. Rev. 450 (1938).
Available at: https://repository.law.umich.edu/mlr/vol36/iss3/7