Today, OOIDA announced the association has filed a lawsuit in the U.S. District Court, Eastern District of California against CARB.
OOIDA is seeking an injunction, saying “the regulation is unconstitutional and discriminates against out-of-state truckers.”
According to OOIDA, CARB regulations violate the Commerce Clause of the U.S. Constitution. “The Commerce Clause prohibits state laws and regulations that discriminate against interstate commerce or unduly burden interstate commerce,” an OOIDA press release states.
“CARB has overstepped its bounds by requiring trucks from other states to be upgraded in order to operate in California,” said Jim Johnston, president and CEO of OOIDA.
OOIDA is asking the court to prohibit CARB from implementing or enforcing truck and bus regulation against truck owners and fleets who operate or reside outside of California.
“[Regulation] puts out-of-state truckers at a disadvantage because the cost to upgrade is disproportionate to the number of miles traveled in the state of California,” added Johnston.
The cost of compliance is expected to prevent a number of owner operators and small fleets from entering the state.