Court Finds Against Hazmat Fee

Judge Sends ATA Case Back to N.J. Supreme Court
Click here to write a Letter to the Editor.

img src="/sites/default/files/images/articles/printeditiontag_new.gif" width=120 align=right>The Tax Court of New Jersey issued a finding that a state hazardous material transporter fee was the type of flat fee that violated the U.S. Constitution and so was not valid.

With that March 14 finding, Tax Court Judge Joseph C. Small sent the case between American Trucking Associations and the state of New Jersey back to the state Supreme Court for final action.

Small said the state’s high court had sent the case to him to consider whether the New Jersey hazardous waste transporter fee produced a discriminatory economic impact between in-state and interstate truckers.



For the full story, see the March 24 edition of Transport Topics. Subscribe today.