Montgomery v. Caribe Transport II, LLC · ¶25

C.H. Robinson also argues that Montgomery's interpretation of the safety exception creates surplusage. In addition to preserving a State's regulatory authority with respect to motor vehicles, the FAAAA also preserves state authority to impose route controls based on the size or weight of the vehicle or the hazardous nature of the cargo. Ibid. If Montgomery's interpretation were adopted, the argument goes, these carveouts would be redundant because they also speak to safety. But the surplusage exists whether the disputed phrase “with respect to motor vehicles” is defined narrowly or broadly, because any overlap comes from the reference to a State's regulatory authority over “safety.” In any event, the provisions can be harmonized: A State's choice to impose route controls or weight limits may serve ends other than safety, such as guarding against highway wear and tear.

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