Montgomery v. Caribe Transport II, LLC · ¶24

C.H. Robinson and the United States contend that construing the safety exception as Montgomery requests would swallow the FAAAA's express preemption provision whole. In other words, everything that Congress preempted would also qualify for the safety exception. Not so. Recall that the express preemption provision applies to laws and regulations “related to a price, route, or service of” motor carriers or brokers “with respect to the transportation of property.” § 14501(c)(1). The safety exception saves only a subset of preempted claims: those involving regulations concerning motor vehicle safety. § 14501(c)(2)(A). One can imagine many state laws that are related to motor carrier prices, routes, and services—such as how much a carrier may charge or which highways it may traverse—that have no relationship to safety.

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