When an interstate motor carrier holds a certificate of
convenience and necessity issued by the Interstate Commerce
Commission under the Federal Motor Carrier Act, a state may not
suspend the carrier's right to use the State's highways in its
interstate operations as punishment for repeated violations of a
state law regulating the weight of loads of freight that may be
carried on the State's highways. Pp.
348 U. S.
62-25.
(a) Punishment of the carrier for violations of the State's road
regulations does not justify disruption of a federally authorized
activity. P.
348 U. S.
64.
(b) The provision of the Federal Act which leaves states free to
regulate the sizes and weights of motor vehicles does not authorize
the states to revoke or suspend the operating rights of interstate
motor carriers for violations of such regulations. P.
348 U. S.
64.
(c) The State's lack of power to suspend a motor carrier's
interstate operations does not leave the State without appropriate
remedies for the carrier's violations of state laws. Pp.
348 U. S.
64-65.
2 Ill. 2d
58,
117 N.E.2d
106, affirmed.
Page 348 U. S. 62
MR. JUSTICE BLACK delivered the opinion
This case raises important questions concerning the power of
states to bar interstate motor carriers from use of state roads as
punishment for repeated violations of state highway regulations.
The respondent Hayes Freight Lines, Inc. is such a carrier,
transporting goods to and from many points in Illinois and seven
other states. [
Footnote 1] This
extensive interstate business is done under a certificate of
convenience and necessity issued by the Interstate Commerce
Commission under authority of the Federal Motor Carrier Act.
[
Footnote 2] Hayes also does an
intrastate carrier business in Illinois under a certificate issued
by state authorities. Illinois has a statute which limits the
weight of freight that can be carried in commercial trucks over
Illinois highways; the same statute also provides for a balanced
distribution of freight loads in relation to the truck's axles.
[
Footnote 3] Repeated
violations of these provisions by trucks of a carrier are made
punishable by total suspension of the carrier's right to use
Illinois state highways for periods of ninety days and one year.
[
Footnote 4] This action was
brought in a state court to restrain
Page 348 U. S. 63
Illinois officials from prosecuting Hayes as a repeated
violator. The State Supreme Court held that the punishment of
suspension provided by the state statute could not be imposed on
the interstate operations of the respondent Hayes. Such a state
suspension of interstate transportation, it was decided, would
conflict with the Federal Motor Carrier Act, which is the supreme
law of the land. [
Footnote 5]
We granted the State's petition for certiorari. 347 U.S. 1009.
Congress, in the Motor Carrier Act, adopted a comprehensive plan
for regulating the carriage of goods by motor truck in interstate
commerce. The federal plan of control was so all-embracing that
former power of states over interstate motor carriers was greatly
reduced. No power at all was left in states to determine what
carriers could or could not operate in interstate commerce.
Exclusive power of the Federal Government to make this
determination is shown by § 306 of 49 U.S.C., which describes
the conditions under which the Interstate Commerce Commission can
issue certificates of convenience and necessity. And § 312 of
the same title provides that all certificates, permits or licenses
issued by the Commission "shall remain in effect until suspended or
terminated as herein provided." But, in order to provide stability
for operating rights of carriers, Congress placed within very
narrow limits the Commission's power to suspend or revoke an
outstanding certificate. No certificate is to be revoked, suspended
or changed until after a hearing and a finding that a carrier has
willfully failed to comply with the provisions of the Motor Carrier
Act
Page 348 U. S. 64
or with regulations properly promulgated under it. [
Footnote 6] Under these circumstances,
it would be odd if a state could take action amounting to a
suspension or revocation of an interstate carrier's
commission-granted right to operate.
Cf. Hill v. Florida,
325 U. S. 538. It
cannot be doubted that suspension of this common carrier's right to
use Illinois highways is the equivalent of a partial suspension of
its federally granted certificate. The highways of Illinois are not
only used by Hayes to transport interstate goods to and from that
State, but are also used as connecting links to points in other
states which the Commission has authorized Hayes to serve.
Consequently, if the ninety-day or the one-year suspension should
become effective, the carriage of interstate goods into Illinois
and other states would be seriously disrupted.
That Illinois seeks to punish Hayes for violations of its road
regulations does not justify this disruption of federally
authorized activities. A state's regulation of weight and
distribution of loads carried in interstate trucks does not itself
conflict with the Federal Act. The reason for this, as pointed out
in
Maurer v. Hamilton, 309 U. S. 598, is
that the Federal Act has a provision designed to leave states free
to regulate the sizes and weights of motor vehicles. But it would
stretch this statutory provision too much to say that it also
allowed states to revoke or suspend the right of interstate motor
carriers for violation of state highway regulations.
It is urged that, without power to impose punishment by
suspension, states will be without appropriate remedies to enforce
their laws against recalcitrant motor carriers. We are not
persuaded, however, that the conventional forms of punishment are
inadequate to protect states from overweighted or improperly loaded
motor trucks. Moreover,
Page 348 U. S. 65
a Commission regulation requires motor carriers to abide by
valid state highway regulations. [
Footnote 7] And, as previously pointed out, the Commission
can revoke in whole or in part certificates of motor carriers which
willfully refuse to comply with any lawful regulation of the
Commission. [
Footnote 8] If,
therefore, motor carriers persistently and repeatedly violate the
laws of a state, we know of no reason why the Commission may not
protect the state's interest, either on the Commission's own
initiative or on complaint of the state. [
Footnote 9]
We agree with the Supreme Court of Illinois that the right of
this carrier to use Illinois highways for interstate transportation
of goods cannot be suspended by Illinois.
Affirmed.
[
Footnote 1]
Indiana, Missouri, Michigan, Pennsylvania, Ohio, Kentucky, and
Tennessee.
[
Footnote 2]
49 Stat. 543. Now Part II of the Interstate Commerce Act, 54
Stat. 919, 49 U.S.C. § 301
et seq.
[
Footnote 3]
Ill.Rev.Stat.1953, c. 95 1/2, § 228.
[
Footnote 4]
Ill.Rev.Stat.1953, c. 95 1/2, § 229b. This section provides
for a 90-day suspension upon a finding of 10 or more violations. If
thereafter the same carrier is found to have been guilty of 10 or
more later violations, the suspension is for one year.
[
Footnote 5]
2 Ill. 2d
58,
117 N.E.2d
106. But the State Supreme Court held that Hayes' intrastate
operations could be suspended. Hayes appealed to this Court. We
dismissed for want of a substantial federal question. 347 U.S.
994.
[
Footnote 6]
Smith Bros., Revocation of Certificate, 33 M.C.C. 465,
472.
See United States v. Seatrain Lines, 329 U.
S. 424.
[
Footnote 7]
49 CFR, 1954 Cum.Supp., § 192.3.
"Every motor vehicle shall be driven in accordance with the
laws, ordinances, and regulations of the jurisdiction in which it
is being operated, unless such laws, ordinances and regulations are
at variance with specific regulations of this Commission which
impose a greater affirmative obligation or restraint."
[
Footnote 8]
49 Stat. 555, 49 U.S.C. § 312.
[
Footnote 9]
49 Stat. 555, 49 U.S.C. § 312. For cases in which the
Commission has considered violations of state law in passing on the
fitness and ability of applicants to operate as carriers in
interstate commerce,
see Southwest Freight Lines, Inc.,
Extension -- Glass Products, 54 M.C.C. 205, 219;
Hayes
Freight Lines, Inc., Extension -- Alternate Routes, 54 M.C.C.
643, 659.