On April 17, 2014, the American Trucking Associations submitted a request for a determination to verify whether or not federal hazardous material transportation law would preempt New York City’s permit requirements regarding hazardous materials being transported by motor vehicle.
PHMSA has released a notice of administrative determination that states federal hazardous material transportation law regarding inspection and permit requirements does preempt the requirements set forth by the Fire Department for the City of New York with respect to trucks that are based outside of the inspecting jurisdiction. It was determined that scheduling and conducting the vehicle inspections that are required for the permit to be issued by the fire department will cause unnecessary delays in the transportation of hazardous materials from locations outside the City of New York.
