Dear Mayor:

As an addendum to our letters of March 25, 2004 , and April 1, 2004 concerning the above captioned subject, we are forwarding to you a sample resolution that you may want to adopt in support of the appeal in this matter.

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 trailor-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 the 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 the regulations properly balance safety and interstate commerce interests, 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 upheld;

NOW, THEREFORE, BE IT RESOLVED that we commend and support the decision of Governor McGreevey to appeal the decision of the U.S. District Court in the case of American Trucking Associations 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 Lautenberg.