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Final report and findings of the transit and parking commission, regarding the city’s ability to regulate inter-city commercial buses - 08.10.10
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At the August 10, 2010 meeting of the Transit and Parking Commission, Carolyn Hogg of the City Attorney’s Office provided the following information.
Background and History of Federal and State Law related to Regulation of Common Carriers
· Under Section 62.11(5), Wis. Stats., the City can exercise its general police power in areas related to traffic safety and the use of the streets.
· However, the City is a creature of the State, so that it does not have inherent powers to regulate streets and common carriers
· The City must work within the State delegation particularly with respect to traffic regulation, which needs to be in strict conformity with State traffic code (though the City has some latitude with regard to stopping, parking and standing, where it is allowed to have additional requirements).
· The primary purpose for streets is for travel for the general public, intended to be open for all on an equal basis (subject to valid regulations within the City’s police power or as otherwise delegated to the City by the State).
· The same is true with regard to common carrier regulations: The City has no inherent authority, and needs to look to State law to see the scope of its regulatory authority.
· Historically, common carrier regulations both for passengers and property have been an area of state and federal regulation not an area of municipal regulation (with some exceptions).
· Early in the 20th century, this was a heavily regulated area, treated almost like a public utility, as reflected by the creation of the ICC at the federal level and by the state’s first jitney law; people felt extensive regulation was appropriate for common carriers, for the sake of consumer protection, public safety and streets issues.
· That framework held until the mid-20th century, when a deregulation movement occurred ac...
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