Kozak v. Hillsborough County, Florida

Plaintiff, owner and operator of a flat-rate ground transportation service, filed a lawsuit seeking declaratory and injunctive relief, claiming that the Hillsborough County Public Transportation Commission's (Commission) regulations required him to obtain certificates and permits for his vehicles were preempted by 49 U.S.C. 14501, also known as the Transportation Equity Act for the 21st Century. Specifically, plaintiff contended that section 14501(a)(1)(C) preempted the Commission's regulation regarding his 15-passenger vehicle and section 14501(c)(1) preempted the Commission's regulation regarding his 7-passenger minivan. The court affirmed the district court's decision rejecting plaintiff's first argument and adopted that court's reasoning. The court also held that, because plaintiff transported property only as an ancillary service to the transportation of passengers he was not a "[m]otor carrier of property" under section 14501(c). Consequently, it followed that the provision and its subparts did not preempt the Commission's luxury service transportation rule. Accordingly, the district court correctly granted summary judgment to the Commission. View "Kozak v. Hillsborough County, Florida" on Justia Law