Lawsuit Calls CARB Truck Retrofit Rules a Barrier to Interstate Commerce

Owner-Operator Independent Drivers seek a permanent injunction against CARB enforcement, saying the requirement to retrofit pre-2006 trucks discriminates against out-of-state truckers

A lawsuit filed by the Owner-Operator Independent Drivers Association (OOIDA) against the California Air Resources Board (CARB) seeks an injunction against the agency’s truck and bus emission regulations because those rules interfere with interstate commerce, discriminating against out-of-state truckers.

“It’s discriminatory because someone from New York may only go into California only a few times per year whereas someone based in California drives a lot more of their miles in that state,” Norita Taylor, OOIDA’s spokesperson, told Fleet Owner magazine. “Again it’s about the fact that the federal government is in charge of regulating commerce and states are not supposed to.”

OOIDA’s lawsuit, filed Dec. 6  in U.S. District Court, Eastern District of California, seeks to permanently enjoin CARB from enforcing its truck and bus emission regulatory program. CARB’s truck and bus rules, which went into effect Jan. 1, 2012, mandate that 1996 to 2006 model year trucks weighing more than 14,000 pounds need to be either replaced or retrofitted with diesel particulate filters. It also prohibits older trucks that have not been replaced or retrofitted from operating on public roads in California.

(more on the lawsuit against CARB truck and bus rules . . . )

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