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Does Utah violate the commerce clause of the U. S. Constitution by requiring back up cameras and warning signals on trucks?

Valrico, FL |

Nevada and California also passed a law requiring the same. This question is for research purposes

Attorney Answers 4

Posted

Not in my opinion.

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Posted

No. California is one of several states with different and stricter emissions standards on auto's. Not found to be unconstitutional.

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1 comment

James M Henderson Sr.

James M Henderson Sr.

Posted

The only time such standards would seem to present a problem is when the standard required in one state would directly contradict that in another state. The design of mud flaps required by Illinois for all trucks using highways there was such that trucks passing through Illinois and Arkansas would have to have a mudflap change out. That is different that a state which has a less strict emissions standard than California. If a truck can pass there it will not be fated to fail elsewhere.

Posted

Are you a law student writing a student note?

Start here:

41 A.L.R. Fed. 2d 1 (discussion of dormant commerce clause cases)

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Posted

Bibb v. Navajo Freight Line, 359 U.S. 520 (1959), helps clarify the circumstances in which these regulations will be sustained. There, Illinois required tractor trailers to be equipped with a particular design mud flap. The design commanded by state law was such that trucks legal in Illinois would be illegal in Arkansas which had a differing required design mudflap.

Take a look at the decision there, and then follow the commentary trail after it.

This answer is not a substitute for consulting with and retaining the services of an attorney for your legal needs. By providing this answer, I am not entering into an attorney client relationship with you.

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