Original jurisdiction in the case of American Trucking Associations, Inc. and Old Dominion Freight Line, Inc. and Anderson Trucking Service, Inc., individually and on behalf of a class of interstate motor carriers v. Robert K. Bloom, Secretary of the Department of Revenue of the Commonwealth of Pennsylvania, and LeRoy S. Zimmerman, Attorney General of the Commonwealth of Pennsylvania, and Daniel F. Dunn, Commissioner of the State Police of the Commonwealth of Pennsylvania.
Arthur R. Littleton, with him, Mark P. Pazuhanich and Frank J. Napolitano, Jr., of counsel, Morgan, Lewis & Bockius, for petitioners.
Maura A. Johnston, Deputy Attorney General, with her, Francis X. O'Brien, Jr., and Robert B. Hoffman, Deputy Attorneys General, Allen C. Warshaw, Deputy Attorney General, Chief, Litigation Section, and LeRoy S. Zimmerman, Attorney General, for respondents.
President Judge Crumlish, Jr. and Judges Rogers, Williams, Jr., Craig, MacPhail, Doyle and Barry. Opinion by Judge Williams, Jr. President Judge Crumlish, Jr. and Judge Barry dissent.
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Before this Court are respondents'*fn1 exceptions to Judge Robert W. Williams, Jr.'s Memorandum Opinion and Order of October 17, 1983. We dismiss the exceptions and affirm the order.
American Trucking Associations, Inc. and two foreign-based interstate motor carriers (petitioners) brought an original, class action challenging the constitutionality
[ 87 Pa. Commw. Page 347]
and seeking to enjoin enforcement of the identification marker fee requirement of Section 2102(b) of the Vehicle Code, 75 Pa. C.S. § 2102(b).*fn2 Petitioners further demand the refunding of all marker fees paid by class members for the year beginning April 1, 1982.
On June 18, 1980, Title 75 of the Vehicle Code was amended by Section 4 of the Act of June 18, 1980, P.L. 229, No. 68 (Act 68), which required that an identification marker, obtainable from the Department of Revenue for $25.00, be affixed to every motor carrier vehicle*fn3 operating in Pennsylvania. Vehicles bearing identification markers are subject to the record-keeping, reporting and tax-paying requirements of the Motor Carriers Road Tax Act (Road Tax).*fn4 Operators of Pennsylvania-registered motor carrier vehicles provide notice that they are subject to the Road Tax through registration and are not required to display markers. Respondents' Brief in Support of Exceptions
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at 6, n.12. Operating a motor carrier vehicle in the Commonwealth without an identification marker is unlawful. Section 2102(d) of the Vehicle Code, 75 Pa. C.S. § 2102(d).
Before Section 1 of the Act of December 8, 1982, P.L. 842, No. 234 (Act 234) amended Section 2102(b) and reduced the marker fee to $5.00 (effective ...