Montgomery v. Caribe Transport II, LLC · ¶26

Finally, C.H. Robinson and the United States assert that interpreting the safety exception to cover brokers would create an anomaly with subsection (b) of the FAAAA. That section preempts state regulation of “intrastate” rates, routes, or services “of any freight forwarder or broker.” § 14501(b)(1). Unlike subsection (c), subsection (b) does not contain a safety exception. Why, respondents ask, would Congress completely preempt state regulation of brokers for intrastate rates, routes, and services while only partially preempting state regulation of brokers for interstate rates, routes, and services? To avoid this anomaly, they argue, we should interpret subsection (c)'s safety exception to exclude brokers. Then, States could not impose either interstate or intrastate safety regulations on them.

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