On January 20, 2012, Allerton Charter Coach, Inc. submitted a petition to the Federal Motor Carrier Safety Administration (FMCSA) requesting the agency review the Chicago Ground Transportation Tax, which applies to interstate motor passenger carriers, in the FMCSA’s jurisdiction.
The tax requires providers of vehicle passenger transportation in Chicago to pay a fee that varies by the capacity of the vehicle and display an emblem on their windshield as evidence of payment. The tax applies regardless if the vehicle is registered in the state of Illinois and failure to comply results in a fine. The FMCSA prohibits states from requiring interstate CMV’s to display any form of identification other than the ones required by the Secretary of Transportation. However, Chicago found a way around the rules.
The emblem display is exempt under U.S.C. 14506(b)(2), stating, “The statutory exceptions cited by Chicago are, respectively, credentials required under the International Fuel Tax Agreement or applicable State law and State law rendering motor vehicle licence plates or other displays that the Secretary determines are appropriate.” In 2012, when Atterton first submitted the petition, Chicago opposed and counteragrued that Allerton didn’t demonstrate a live dispute, and proved that the display is exempt.
Now, seven years later the American Bus Association (ABA) requested the FMCSA republish the petition for an opportunity of additional public feedback. As during the original petition from Allerton, the FMCSA only received five comments. The comment period will end on October 3, 2019. If you’d like to leave a comment, go here.