Cole v. City of Dallas, 314 F.3d 730 (5th Cir. 2001). · Go Syfert
Search
Cole v. City of Dallas, 314 F.3d 730 (5th Cir. 2001). Cases Citing This Book View Copy Cite
G Cite
cited 2× by 1 distinct case · …prohibited persons from receiving a wrecker driver's permit to tow motor vehicles if they had a criminal history including certain specified criminal convictions, documented mental illnesses or unsafe driving records. ⚠ not in text
cited 2× by 1 distinct case · …that the proposed safety-related regulations for nonconsensual tows would promote the public safety ⚠ not in text
51 citation events (51 in the last 25 years) across 17 distinct courts.
Treatment trajectory · 2002 → 2026 · click a year to view as-of
2002 2014 2026
Top citers, strongest first. 23 distinct citers. How cited ↗
examined Cited as authority (verbatim quote) Interstate Service Provider, Inc. v. Jordan
E.D. Tex. · 2021 · quote attribution · 1 verbatim quote · confidence high
a survey of the faaaa's legislative history reveals that congress intended to divorce the motor carrier industry from state and local economic regulation in order to provide motor carriers . . . the same competitive advantages enjoyed by air carriers.
discussed Cited as authority (verbatim quote) Pelkey v. Dan's City Used Cars, Inc.
N.H. · 2012 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
congress intended to divorce the motor carrier industry from state and local economic regulation in order to provide motor carriers . .. the same competitive advantages enjoyed by air carriers . .. .
discussed Cited as authority (rule) Dawn Doran, Individually, and on behalf of the Wrongful Death Beneficiaries of Adnee Blyss Floyd, Deceased v. Thomas Lee Jennings; C&C Transportation, LLC; JY Farms, LLC; J.R. Simplot Company; Helm Fertilizer Terminal, Inc.; and John Does 1–25
N.D. Miss. · 2026 · confidence medium
“However, as an exception to this preemption directive, Congress provides that the directive ‘shall not restrict the safety regulatory authority of a State with respect to motor vehicles.’” Cole v. City of Dall., 314 F.3d 730, 733 (5th Cir. 2002) (quoting 49 U.S.C. § 14501 (c)(2)(A)).
discussed Cited as authority (rule) Colorado Motor Carriers Association v. Town of Vail
D. Colo. · 2023 · confidence medium
Other federal circuits to have considered this question have interpreted the safety regulation exception broadly in order to give effect “to Congress’s desire to leave for the states and local governments those responsibilities regarding motor carriers that do not relate to the slender congressional goal of addressing economic authority over such carriers.” Cole v. City of Dallas, 314 F.3d 730, 733 (5th Cir. 2002) (emphasis in original); accord VRC LLC v. City of Dallas, 460 F.3d 607, 612 (5th Cir. 2006) (“Case law . . . has on the whole given a broad construction to the safety regulat…
discussed Cited as authority (rule) Lopez v. Turner
N.D. Tex. · 2020 · confidence medium
Although there is no controlling authority delineating the precise contours of a state’s safety regulatory authority, courts within the Fifth Circuit must “decline to elasticize Congress’s economic goal by narrowly interpreting safety regulatory authority of a State with respect to motor vehicles.” Cole v. City of Dallas, 314 F.3d 730, 734 (2002).
discussed Cited as authority (rule) United Motorcoach Assn, Inc. v. City of Austin (2×) also: Cited "see"
5th Cir. · 2017 · confidence medium
See VRC, 460 F.3d at 612 ; Cole v. City of Dallas, 314 F.3d 730, 733-35 (5th Cir. 2002); see also Ours Garage, 536 U.S. at 432 , 122 S.Ct. 2226 ; California Tow Truck Ass’n v. City & Cnty. of San Francisco, 807 F.3d 1008, 1020 (9th Cir. 2015).
discussed Cited as authority (rule) Professional Towing & Recovery Operators v. Box (2×)
N.D. Ill. · 2013 · confidence medium
Unlike cases such as Loyal Tire, 445 F.3d at 145 , where the purported safety purpose of a law targeting one disfavored tower was clearly pretextual, or Cole v. City of Dallas, 314 F.3d 730, 735 (5th Cir.2002), where it was manifest that a law requiring a criminal background check was within the safety exception, this case presents the Court with a number of close calls and results in a split decision.
discussed Cited as authority (rule) California Tow Truck Ass'n v. City & County of San Francisco
N.D. Cal. · 2013 · confidence medium
Assuming without deciding that each of the challenged sections is subject to preemption, the Court determines that the motor vehicle safety justification of ordinances that require tow drivers and tow firm operators to report and refrain from criminal activity “is manifest.” Cole v. City of Dallas, 314 F.3d 730, 735 (5th Cir.2002).
discussed Cited as authority (rule) Pelkey v. DAN'S CITY USED CARS, INC.
N.H. · 2012 · signal: cf. · confidence medium
Cf. Cole v. City of Dallas, 314 F.3d 730, 734 (5th Cir.2002) ("Congress intended to divorce the motor carrier industry from state and *490 local economic regulation in order to provide motor carriers ... the same competitive advantages enjoyed by air carriers...."); see H.R.
cited Cited as authority (rule) Sobranes Recovery Pool I, LLC v. Todd & Hughes Construction Corp.
5th Cir. · 2007 · confidence medium
Similarly, in Cole v. City of Dallas, 314 F.3d 730, 731-32 (5th Cir.2002) (per curiam), we considered a district court’s denial of a preliminary injunction.
cited Cited as authority (rule) Vrc LLC v. City of Dallas Don Bearden Marcus Currie Does 1-30, City of Dallas
5th Cir. · 2006 · confidence medium
Cole v. City of Dallas, 314 F.3d 730, 732 (5th Cir.2002) (citing Ours Garage, 536 U.S. at 442 , 122 S.Ct. 2226 ).
discussed Cited as authority (rule) VRC LLC v. City of Dallas (2×) also: Cited "see"
5th Cir. · 2006 · confidence medium
Cole v. City of Dallas, 314 F.3d 730, 732 (5th Cir. 2002) (citing Ours Garage, 536 U.S. at 442 ).
discussed Cited as authority (rule) Tillison v. City of San Diego
9th Cir. · 2005 · confidence medium
See Galactic Towing, Inc. v. City of Miami Beach, 341 F.3d 1249, 1253 (11th Cir.2003) (per curiam); Cole v. City of Dallas, 314 F.3d 730, 734-35 (5th Cir.2002) (per curiam); Ace Auto Body, 171 F.3d at 774 .
discussed Cited as authority (rule) No. 03-55939
9th Cir. · 2005 · confidence medium
See Galactic Towing, Inc. v. City of Miami Beach, 341 F.3d 1249, 1253 (11th Cir.2003) (per curiam); Cole v. City of Dallas, 314 F.3d 730, 734-35 (5th Cir.2002) (per curiam); Ace Auto Body, 171 F.3d at 774 .
discussed Cited as authority (rule) Tow Operators v. City of Kansas City
8th Cir. · 2003 · confidence medium
P. 56(e); Cole v. City of Dallas, 314 F.3d 730, 735 (5th Cir. 2002) (tow operator “raised no argument pointing the court to some hidden pretextual economic goal behind the [safety] provision”).
discussed Cited "see" Ramos v. Martinez d/b/a JIT Transportation
W.D. Tex. · 2021 · signal: see · confidence high
See Cole v. City of Dallas, 314 F.3d 730, 733-734 (5th Cir. 2002) (noting that state laws are only preempted if they represent an attempt to “hide economic regulation under the guise of safety regulation.”).
discussed Cited "see" Ramey v. Easley
N.C. Ct. App. · 2006 · signal: see · confidence high
See Cole v. City of Dallas, 314 F.3d 730 (5th Cir. 2002) (regulation barring applicants from receiving a wrecker driver’s permit to tow motor vehicles if they had a criminal history was held to fall under the safety exception); Ace Auto Body & Towing, Ltd. v. City of New York, 171 F.3d 765 , 766 (2d Cir. 1999), cert. denied, 528 U.S. 868 , 145 L.
discussed Cited "see" Tillison v. Gregoire
9th Cir. · 2005 · signal: see · confidence high
See Cole v. City of Dallas, 314 F.3d 730, 735 (5th Cir.2002) (per curiam) ("The disputed regulation, Section 48A-13(a)(7)(A)(xiii), is a motor vehicle safety regulation under 49 U.S.C. § 14501 (c)(2)(A)."); Galactic Towing, Inc. v. City of Miami Beach, 274 F.Supp.2d 1315, 1323 (S.D.Fla.2002), aff'd, 341 F.3d 1249 (11th Cir.2003) ("[T]he Court concludes that those provisions relate to and promote Miami Beach's legitimate safety concerns, not its economic concerns."); People ex rel.
discussed Cited "see" Tillison v. Gregoire
9th Cir. · 2005 · signal: see · confidence high
See Cole v. City of Dallas, 314 F.3d 730, 735 (5th Cir.2002) (per curiam) (“The disputed regulation, Section 48A-13(a)(7)(A)(xiii), is a motor vehicle safety regulation under 49 U.S.C. § 14501 (c)(2)(A).”); Galactic Towing, Inc. v. City of Miami Beach, 274 F.Supp.2d 1315, 1323 (S.D.Fla.2002), aff'd, 341 F.3d 1249 (11th Cir.2003) (“[T]he Court concludes that those provisions relate to and promote Miami Beach’s legitimate safety *1102 concerns, not its economic concerns.”); People ex rel.
discussed Cited "see" A.J.'S Wrecker Service of Dallas, Inc. v. Salazar
Tex. App. · 2005 · signal: see · confidence high
See Cole v. City of Dallas, 314 F.3d 730, 735 (5th Cir.2002) (municipal regulation prohibiting person with criminal conviction from obtaining a permit to operate a tow truck); Galactic Towing, Inc. v. City of Miami Beach, 341 F.3d 1249,1251-52 (11th Cir.2003) (city’s nonconsensual towing ordinance requiring permit, written authorization for tow, storage within city limits within safety exception); Ace Auto Body & Towing, Ltd. v. City of New York, 171 F.3d 765, 774-75 (2nd Cir.1999) (ordinance requiring licensing and disclosure of criminal history within safety exception).
discussed Cited "see" Capitol City Towing & Recovery Inc. v. State, Department of Public Safety and Corrections (2×) also: Cited "see, e.g."
La. Ct. App. · 2004 · signal: see · confidence high
See Cole v. City of Dallas, 314 F.3d 730, 734 (5th Cir.2002); Ace Auto Body & Towing, Ltd. v. City of New York, 171 F.3d at 772 .
cited Cited "see" Galactic Towing, Inc. v. City of Miami Beach
11th Cir. · 2003 · signal: see · confidence high
See Cole v. City of Dallas, 314 F.3d 730 (5th Cir.2002) (regulation requiring criminal history included within safety exception).
discussed Cited "see, e.g." Allen Miller v. C.H. Robinson Worldwide, Inc.
9th Cir. · 2020 · signal: see, e.g. · confidence low
See, e.g., Cole v. City of Dallas, 314 F.3d 730 , 732–35 (5th Cir. 2002) (holding that an ordinance prohibiting individuals convicted of specified criminal offenses from obtaining a tow truck permit fell within the safety exception because the regulation has, “at its core, [a] concern for safety”); Ace Auto Body & Towing, Ltd. v. City of N.Y., 171 F.3d 765 , 768–69 (2d Cir. 1999) (rejecting the argument that the safety exception “extends only to safety regulation of the mechanical components of motor vehicles . . . and not to municipal management of vehicular accidents”). 26 MILLER…
Retrieving the full opinion text from the archive…
Cole
v.
City of Dallas
01-10194.
Court of Appeals for the Fifth Circuit.
Nov 19, 2001.
314 F.3d 730
Unpublished
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT

No. 01-10194
Summary Calendar

PETER T. COLE

Plaintiff - Appellant

v.

CITY OF DALLAS

Defendant - Appellee

- - - - - - - - - -
Appeal from the United States District Court
for the Northern District of Texas
USDC No. 3:00-CV-1723-M
- - - - - - - - - -
November 9, 2001

Before KING, Chief Judge, and HIGGINBOTHAM and BENAVIDES, Circuit Judges.

PER CURIAM:*

Peter T. Cole appeals the district court’s denial of his civil rights complaint in which he requested injunctive and declaratory relief, damages, attorneys’ fees, and costs. The City of Dallas (City) denied Cole’s request for a wrecker driver’s permit pursuant to chapter 48A-13(a)(7)(A)(xiii), which prohibits the issuance of a wrecker driver’s permit to a person who has been convicted of a crime involving a violation of the Controlled Substances Act, or a comparable state or federal law,

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

No. 01-10194 -2- that is punishable as a felony for which less than five years have elapsed since the date of conviction or the date of confinement for the last conviction, whichever is the later date. The district court concluded that chapter 48A of the Dallas city code, which regulates the towing services industry in Dallas, has not been preempted by 49 U.S.C. § 14501(c). Cole argues that 49 U.S.C. § 14501(c) preempts chapter 48A and that the safety exemption of § 14501(c)(2) does not apply to municipalities.

In a supplemental letter brief filed after our decision in Stucky v. City of San Antonio, 260 F.3d 424 (5th Cir. 2001), the City of Dallas states that “[a]s [chapter] 48A-13(a)(7)(A)(xiii) is a motor vehicle safety regulation, the City acknowledges that Stucky prohibits a city from enacting or enforcing such a law.” The City then puts forward several arguments for the reconsideration of Stucky. Only the en banc court can reconsider Stucky. We are bound by it. The City’s concession decides this case. Accordingly, the district court’s judgment is VACATED, and the case is REMANDED to the district court for further consideration consistent with this opinion.