HomeMy Public PortalAboutr 04:143 MIDOLESEX COUNTY
OFF[CE 0¥
I01THLEEN M. BARNEY, RMC/CMC 61 COOKE AVENUE
MUNICIPAL CLERK CARTERET, NEW JERSEY 07008
April 26, 2004
Honorable James E. McGreevey
Governor, State of New Jersey
State House
P.O. Box 001
Trenton, NJ 08625
Dear Governor McGreevey:
Enclosed find a certified copy of Resolution #04-143 supporting Governor
McGreevey's decision to appeal American Trucking Case. This Resolution was passed
by the Mayor and Council of the Borough of Carteret at a Council Meeting held April 22,
2004.
Very truly yours,
KATHLEEN M BARNEY, RMC/CMC
Municipal Clerk
KMB:cp
cc: Commissioner Jack Lettiere
Senator Jon Corzine
Senator Frank Lautenberg
File
No. 04-1/.3 Date of Adoption APRIL 22, 2004
RESOLUTION SUPPORTING GOVERNOR'S DECISION TO APPEAL
AMERICAN TRUCKING CASE
WHEREAS, on March 24, 2004, a decision was entered in the U.S. District Court
in the case of American Trucking Associations, et al. v. Christine Todd Whitman
invalidating State regulations requiring 102 inch wide trucks and double trailer-
truck combinations to use only New Jersey's National Network, the New Jersey
Turnpike and the Atlantic City Expressway when they were engaged purely in
interstate commerce; and
WHEREAS, in striking down regulations, the Court itself stated that the
regulations have resulted in fewer truck accidents on New Jersey roads and that
said regulations serve a "legitimate state purpose"; but found them to be
unnecessarily discriminatory against interstate commerce; and
WHEREAS, we disagree with the Court's holding, and, to the contrary, find that
these regulations properly balance safety and interstate commerce interest, by
keeping large trucks on the roads that were built to handle them, while still
allowing for safe, reliable and efficient interstate transport, and;
WHEREAS, only the current regulations imposing the truck ban can serve the
compelling state interest of road safety as effectively, and therefore should be
unheld;
NOW, THEREFORE, BE IT RESOLVED that we commend and support the
decision of Governor MeGreevy to appeal the decision of the U.S. District Court
in the case of American Trucking Association et. al. v. Christine Todd Whitman,
and the decision of the New Jersey League of Municipalities to join in that appeal;
and
BE IT FURTHER RESOLVED, that a copy of this resolution be sent to
Governor James McGreevey, Commissioner Jack Lettiere of the NJDOT, Senators
Jon Corzine and Frank Lantenberg.
Adopted this 22nd day of April, 2004
and certified as a true copy of the
original on April 23rd, 2004.
KATHLEEN M. BARNEY, RMC/C[~.~
Municipal Clerk
RECORD OF COUNCIL VOTE
COUNCILMAN YES NO NV A.B. COUNCILMAN ~ NO NV A.B.
KRUH X RIOS X
NAPLES X SITARZ X
PARISI X SOSNOWSKI X
X - Indicate Vote AB - Absent NV - Not Voting XOR - Indicates Vote to Overrule Veto
CLERK Q~/
of Munlap~l~d~s
April 12, 2004
Re: Tb Am~ric4m Trur~ing Case mltd I~[eavy
D~
t m / R~olu~n ~po~ng ~mor's Dec,ion to ~ ppeal
AmeHcan T~eMng C~e