RE: DOT *sigh* THIS IS OT and NON MV Mud flaps and federalism

From: Fred H. Schlesinger (fred@schlesingers.net)
Date: Thu Dec 15 2005 - 17:02:41 PST


And that may be true, and you and the senator may be right, but if the issue has never been
litigated, the courts may say otherwise. And if it has been litigated, no worries, the courts can
change their minds.

-----Original Message-----
From: Ryan Gill [mailto:rmgill@mindspring.com]
Sent: Thursday, December 15, 2005 6:40 PM
To: Military Vehicles Mailing List
Subject: Re: [MV] DOT *sigh* THIS IS OT and NON MV Mud flaps and federalism

At 6:25 PM -0500 12/15/05, Fred H. Schlesinger wrote:
>I usually don't do this, go off on a on an OT rant in deference to Nige and some of the other
limeys
>on the list (sorry Guys) but just to mess with everyone's heads a little more, the US constitution
>is the supreme law of the land here.

States must meet a minimum bar of the Federal Motor Carrier Safety Regulations for Federal
Transportation Funding for highways. No minimum standard and no funds. The FMCSA checks state laws
periodically to review for compliance. That said, states may be more strict as they are meeting the
FMCSRs.

The above is based on my conversations with my State Senator, The Legislative Director for the
GaDOT, and 2 agents with the Federal Motor Carrier Safety Administration.

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