Home Menu ↓
Clicking on our sponsor links helps insure continued free access to this website.
Please support our efforts by visiting our sponsors:

 

Mid-Con Freight Systems, Inc. v. Michigan Pub. Serv. Comm'n

Docket No.: 03-1234
Certiorari Granted: 1/14/2005
Argued: April 26, 2005
Decided: June 20, 2005
Consolidated with: American Trucking Assns., Inc. v. Michigan Pub. Serv. Comm'n, No. 03-1230

Topics:

Federalism, Federal Preemption of State Regulation, 9 U.S.C. 1, Commerce Clause, Motor Carrier Act, disparate impact, disparate treatment, preemption

PartyNames: Mid-Con Freight Systems, Inc., et al. v. Michigan Public Service Commission, et al.
Petitioner: Mid-Con Freight Systems, Inc., et al.
Respondent: Michigan Public Service Commission, et al.

Court Below: Court of Appeals of Michigan
Citation: 662 NW2d 784
Supreme Court Docket

Mid-Con Freight Systems, Inc., et al.
v.
Michigan Public Service Commission, et al.
545 U.S. 440 (2005)
Facts:

A Michigan law imposed an annual $100 fee on each Michigan license-plated truck that operated entirely in interstate commerce. A group of interstate trucking companies sought unsuccesfully to have Michigan courts invalidate the law. The companies claimed that the federal law that had created the Single State Registration System (SSRS) preempted and prohibited such state fees. Under the federal law a trucking company could obtain a permit applicable in every state by registering once in a single state. While the initial state could demand a fee equal to the sum of its individual state fee, the law prohibited a state from imposing an additional "state registration requirement."

Consideration Limited:

LIMITED TO THE FOLLOWING QUESTIONS: 1) "Whether the §100 fee upon vehicles conducting intrastate operations violates the Commerce Clause of the United States Constitution." 2) "Whether the §100 fee upon vehicles operating solely in interstate commerce is preempted by 49 U.S.C. §14504." CONCOLIDATED WITH 03-1230 FOR ONE HOUR ORAL ARGUMENT.

Question Presented:

May States avoid the §10 per-vehicle fee cap of the expressly preemptive Single State Registration System (and its predecessor "bingo card" program) by charging §100 per vehicle to certain interstate motor carriers and calling the charge a "regulatory fee? "

Question:

Did federal law establishing for trucks the Single State Registration System (SSRS) preempt a separate Michigan registration fee?

Note:

ORDER OF 1/21/2005:

Mid-Con Freight Systems, Inc. v. Michigan Pub. Serv. Comm'n
ORAL ARGUMENT

April 26, 2005

Holding: affirmed
Vote: 5-4

Mid-Con Freight Systems, Inc. v. Michigan Pub. Serv. Comm'n
Case Documents

1Opinion in Mid-Con Freight Systems, Inc. v. Michigan Pub. Serv. Comm'n
2Slip Opinion in Mid-Con Freight Systems, Inc. v. Michigan Pub. Serv. Comm'n
Additional documents for this case are pending review.