http://mercertown.com/alabama-coil-certificate-adios/
In a notice published in the Federal Register on Tuesday, March 5, the FMCSA ruled that Alabamas Metal Coil Securement Act is preempted by federal law. That means that Alabamas law imposes certification requirements on interstate drivers that are not required under FMCSA regulations and are more stringent than those imposed by federal law. Effective April 4, Alabama will be unable to impose the laws requirements on interstate movements.
This was the result of an FMCSA query beginning June 26, 2009 and an ATA petition filed with the FMCSA dated December 22, 2010. As all CDL drivers are required to know, metal coil securement is thoroughly covered in Subpart I-Protection Against Shifting and Falling Cargo 49CFR393.100 through 393.136 along with the Cargo Securement Enforcement Policy memorandum issued December 31, 2003. It seems like everyone but the lawmakers in Alabama knew that. We appreciate the ATAs efforts in forcing the issue and the FMCSAs diligence in getting this one right. Almost four years, wow!
Alabama Coil Certification.....Adios.
Discussion in 'Flatbed Trucking Forum' started by Blind Driver, Mar 7, 2013.
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Can we sue to get our $20 back?
mp4694330, Mommas_money_maker, The Challenger and 1 other person Thank this. -
Find a local attorney and precede with a class action lawsuit
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The problem with class action suits, is the attoneys get their money out of it first, which usually leave little to none for the actual victims.
But I'm sure you could get a class action law suit started and get a few attoneys richer. Not sure you'd get any to take the case, as most don't want to touch a case without making a bunch of money. -
Yeah read "The King of Torts" I think Grisham wrote it... Lawyers wont go near a $20 case...And you think Alabama cares what the Feds say? .... I bet they still require it...didnt they have metric road markers in the 90's?
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I remember the metric road markers in Alabama back in the 90's. They thought they were going to be a modern state , and mark the Interstates in kilometers.All signs were in metric system. Big, expensive mistake.
But I still like trucking in Alabama. Pretty reasonable folks. -
so sue for the 20 bucks and 20,000 in lost rev due to not being able to hual in and out of the state for a few months
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Here is one thing that will keep the state law in place.
If your company is or has ANY presence in the state, A terminal or is HQ'ed there, then they can enforce the law on those operations.
A minor change to the wording and it's a done deal. It gets changed to a STATE law, that can be more strict than federal law.
That would make any one who was a driver for that company then be required to have the certificate.
If your company has no presence in the state, (ie a terminal) then they could not enforce the requirement.MJ1657 Thanks this. -
um, may i point out that if you can't pass the alabama test you have no business hauling coils anywhere, inside or outside of alabama?
sure, they don't have the right to impose stricter cert standards than the FMCSR.
but how much trouble is the twenty bucks worth to you? -
Because we pay enough taxes as it is.MJ1657 Thanks this.
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