The Department of Transportation’s Research and Special Programs Administration (RSPA) has affirmed a prior ruling for liquid petroleum gas (LPG) carriers which held that certain New Mexico regulations were preempted by federal law, with one modification, says Cliff Harvison, National Tank Truck Carriers president. Originally, RSPA determined that New Mexico fees for vehicle inspections and driver examinations were totally preempted. Upon reconsideration, RSPA now says that New Mexico may collect hazmat-relevant fees, but only from those carriers and drivers domiciled in that state.
Harvison adds that the net effect is that RSPA is signaling to the various states that they can impose fees of this type, but only for drivers and vehicles domiciled in their own states.
"RSPA reasoned that requiring out-of-state LPG carriers to present vehicles and drivers for inspections and tests at specific places and designated times represented unnecessary delays in the transportation of hazardous materials," he says. Unnecessary delays are prohibited by the Department of Transportation's hazardous materials regulations.