New Jersey's annual hazmat registration fees for out-of-state carriers violates the commerce clause in the United States Constitution, according to a July 19 ruling by the New Jersey Supreme Court.
The fees are required only by carriers that collect or deliver hazardous waste in New Jersey. Those who merely travel across the state are not subject to the requirement.
New Jersey issues a decal for each cab, trailer, or container, which allows state officials to track the owners of an individual transporter unit.
The court ruling upheld the lawsuit filed by the American Trucking Associations (ATA) challenging the validity of the fee regulation on constitutional grounds. Because of litigation, the fees have not been collected since 1998.
ATA had argued that the fees discriminated against and unduly burdened interstate commerce.