The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
History
The Constitution of the United States of America: Analysis and Interpretation: Annotations of Cases Decided by the Supreme Court of the United States to June 30, 1952
Constitutional law -- United States; Constitutions -- United States
regulations requiring motor carriers to provide adequate insurance
protection for injuries caused by the negligent operation of their
vehicles.[834]
INVALID STATE ACTS AFFECTING MOTOR CARRIERS
A State law which imposes upon all persons engaged in transporting for
hire by motor vehicle over the public highways of the State the burdens
and duties of common carriers and requires them to furnish bonds to
secure the payment of claims and liabilities resulting from injury to
property carried, may not be validly applied to a private carrier which
is engaged exclusively in hauling from one State to another State the
goods of particular factories under standing contracts with their
owners, the said carrier enjoying neither a special franchise nor using
the eminent domain power.[835] On the other hand, a State statute which
prohibits common carriers for hire from using the highways of the State
between fixed termini or over regular routes without having first
obtained from a director of public works a certificate of public
convenience, is primarily not a regulation to secure safety on the
highways or to conserve them, but a ban on competition and, as applied
to a common carrier by motor vehicle of passengers and express purely in
interstate commerce, is both violation of the Commerce Clause and
defeats the express purpose of Congressional legislation rendering
federal aid for the construction of interstate highways.[836]
TRANSPORTATION AGENCIES
The special characteristics of motor travel have brought about a
reversal of the Court's attitude toward State control of transportation
agencies. Sustaining in 1941 a California statute requiring that agents
engaged in negotiating for the transportation of passengers in motor
vehicles over the highways of the State take out a license, Justice
(later Chief Justice) Stone, speaking for the Court, said: "In Di Santo
_v._ Pennsylvania,[837] this Court took a different view * * *, it held
that a Pennsylvania statute requiring others than railroad or steamship
companies, who engage in the intrastate sale of steamship tickets or of
orders for transportation to and from foreign countries, to procure a
license by giving proof of good moral character and filing a bond as
security against fraud and misrepresentation to purchasers, was an
infringement of the Commerce Clause. Since the decision in that case
this Court has been repeatedly called upon to examine the
constitutionality of numerous local regulations affecting interstate
motor vehicle traffic. It has uniformly held that in the absence of
pertinent Congressional legislation there is constitutional power in the
States to regulate interstate commerce by motor vehicle wherever it
affects the safety of the public or the safety and convenient use of its
highways, provided only that the regulation does not in any other
respect unnecessarily obstruct interstate commerce."[838]
NAVIGATION; GENERAL DOCTRINE
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