Independent Towers of Washington v. Washington

350 F.3d 925, 2003 WL 22705701
CourtCourt of Appeals for the Ninth Circuit
DecidedNovember 18, 2003
DocketNo. 02-35262
StatusPublished
Cited by39 cases

This text of 350 F.3d 925 (Independent Towers of Washington v. Washington) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Independent Towers of Washington v. Washington, 350 F.3d 925, 2003 WL 22705701 (9th Cir. 2003).

Opinion

OPINION

McKEOWN, Circuit Judge.

The extent to which state and local regulation of towing companies is preempted under federal law has been the subject of much litigation. We have previously considered the issue in the context of California regulations. See Tocher v. City of Santa Ana, 219 F.3d 1040, 1045 (9th Cir. 2000) (abrogated in part by City of Columbus v. Ours Garage and Wrecker Service, Inc., 536 U.S. 424, 122 S.Ct. 2226, 153 L.Ed.2d 430 (2002)). Other circuits have considered similar challenges. See, e.g., Tow Operators Working to Protect Their Right to Operate v. City of Kan. City, 338 F.3d 873, 876 (8th Cir.2003), Cardinal Towing & Auto Repair, Inc. v. Bedford, 180 F.3d 686, 693(5th Cir.1999); Ace Auto Body & Towing, Ltd. v. City of New York, 171 F.3d 765, 772-774 (2nd Cir.1999); R. Mayer of Atlanta, Inc. v. City of Atlanta, 158 F.3d 538, 544 (11th Cir.1998) (abrogated in part by City of Columbus v. Ours Garage and Wrecker Service, Inc., 536 U.S. 424, 122 S.Ct. 2226, 153 L.Ed.2d 430 (2002)). We now address a challenge by tow operators to the State of Washington’s regulation of towing businesses.

Background

The State of Washington regulates tow truck operators that conduct business within the state. Registered tow truck operators — operators who “engage[ ] in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles” or non-consensual towing — are subject to more extensive regulations than operators who tow upon the request of a vehicle owner. See RCW § 46.55.010(6). Because registered tow truck operators tow cars without the owner’s consent, the State requires them to obtain permits, submit to inspections of business premises, meet insurance and record-keeping requirements, maintain certain hours, accept specified means of payment, conform their vehicles to the State’s equipment standards, and satisfy other requirements. See, generally, RCW § 46.55.

Independent Towers of Washington (“ITOW”) is a statewide organization of registered tow truck operators. Taking the position that the State’s regulation of the towing industry is expressly preempted under the Interstate Commerce Act (“ICA”), 49 U.S.C. § 14501(c), ITOW filed a class action against the State on behalf of “all towing businesses and persons presently and/or formerly employed in the towing business in Washington State since deregulation of the motor carrier industry in 1994.” ITOW sought damages and an [876]*876injunction preventing the State from enforcing these regulations.

The State moved for summary judgment and asserted that the challenged regulations fell within the safety, financial responsibility, and price of non-consensual towing exceptions to ICA preemption. The district court agreed and granted the State’s motion for summary judgment.

Discussion

The issue presented is whether Washington State’s regulations fall within the ICA’s express preemption language. Where Congress explicitly preempts state law, “Congress’ enactment of a provision defining the preemptive reach of a statute implies that matters beyond that reach are not preempted.” Cipollone v. Liggett Group, Inc., 505 U.S. 504, 517, 112 S.Ct. 2608, 120 L.Ed.2d 407 (1992). Thus, because ITOW relies on the express preemption provision of ICA, our review is limited to whether the Washington regulations fall within the scope of this Act. We review this question de novo. Tocher, 219 F.3d at 1045.

In determining the scope of ICA’s preemption of state law, we “start with the assumption that the historic police powers of the States [are] not to be superseded by ... [a] Federal Act unless that [is] the clear and manifest purpose of Congress.” Rice v. Santa Fe Elevator Corp., 331 U.S. 218, 230, 67 S.Ct. 1146, 91 L.Ed. 1447 (1947). “[T]he purpose of Congress is the ultimate touchstone of preemption analysis.” Cipollone, 505 U.S. at 516, 112 S.Ct. 2608(internal citations and quotation marks omitted).

The ICA, as amended by the Federal Aviation Administration Authorization Act and the ICC Termination Act, provides that state regulations relating to the price, route, or service of motor carriers are generally preempted:

(1) General rule. Except as provided in paragraphs (2) and (3), a State, political subdivision of a State, or political authority of 2 or more States may not enact or enforce a law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier (other than a carrier affiliated with a direct air carrier covered by section 41713(b)(4)) or any motor private carrier, broker, or freight forwarder with respect to the transportation of property.

49 U.S.C. § 14501(c)(1). This general rule, however, is tempered by exceptions relating to safety regulations, the transportation of household goods, and non-consensual towing:

(2) Matters not covered. Paragraph (D-
(A) shall not restrict the safety regulatory authority of a State with respect to motor vehicles, the authority of a State to impose highway route controls or limitations based on the size or weight of the motor vehicle or the hazardous nature of the cargo, or the authority of a State to regulate motor carriers with regard to minimum amounts of financial responsibility relating to insurance requirements and self-insurance authorization;
(B) does not apply to the transportation of household goods; and
(C) does not apply to the authority of a State or a political subdivision of a State to enact or enforce a law, regulation, or other provision relating to the price of for-hire motor vehicle transportation by a tow truck, if such transportation is performed without the prior consent or authorization of the owner or operator of the motor vehicle.

[877]*877449 U.S.C. § 14501(c)(2)(A-C).1

The leading Ninth Circuit case addressing preemption of towing regulations is Tocher v. City of Santa Ana.

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Cite This Page — Counsel Stack

Bluebook (online)
350 F.3d 925, 2003 WL 22705701, Counsel Stack Legal Research, https://law.counselstack.com/opinion/independent-towers-of-washington-v-washington-ca9-2003.