Replay Baseball has expanded its operations to several Midwest states including
ID: 380659 • Letter: R
Question
Replay Baseball has expanded its operations to several Midwest states including Illinois. This expansion now accounts for thirty percent of its business. Nucky has hired Eli, a 62 year-old Native American who resides in Massachusetts, to deliver baseballs to this new region. Eli is kept very busy and works fifty hours per week. Eli delivers the baseballs in a large tractor-trailer that Nucky purchased from Empire Trucks, a small truck dealer operating exclusively in Boston, Massachusetts. Nucky has designed the trailer depicting several scantily clad women in bathing suits holding baseballs. The trailer does not include rear windshield wipers in the back of the cab.
Illinois has passed a law mandating rear wipers in cabs for all trucks travelling on its highways.
1. Does Replay Baseball have an argument opposing the new regulation?
What if the federal government passes a law mandating that all tractor-trailers must include a new spray-on product on rear windshields that it claims is superior to windshield wipers.
2. Is this law Constitutional? How do courts resolve the differences between the two laws?
Explanation / Answer
Need and importance of rear wiper in cabs -
A wind screen wiper or a rear wiper is a device used to remove rain, snow, ice and debris from the wind screen. Almost all cabs, trucks etc have to be equipped with such wipers which are leagal boundation as well. Many jurisdictions have legal requirements that vehicles be equipped with windshield wipers. Wind shield wipers are a required safety item in auto safety inspections.
On the rear window the wind shield is most useful for clearing the snow that gets blown back onto the cab, and in case of heavy snow or rainfall, use of wind shield wipers becomes mandatory for safety and security purpose.
Illinois has passed a law mandating rear wipers in cabs for all cabs all trucks travelling on its highways. The trucks have been purchased form Boston, Massachusetts. Thirty percent of his business now accounted from this baseball delivery transactions.
Nucky should agree to the regulation that windshiled wipers should be fixed mandatorily in cabs for all trucks travelling on its highways. As his business is expanded in several midwest states, therefore accepting the law of Illinois will help him in Illinois for sure and will not hamper his business in any other states as well but not following the same may generate trouble for his business in Illinois for sure.
Therefore, Replay Baseball does not have a justified argument opposing the new regulation rather he must follow the same.
If the federal government passes a law mandating that all tractor trailers must include a new spray-on product on rear windshields that claims is superior to windshield wipers then Replay baseball can use the trailer which he has made depicting several scantily clad women in bathing suits holding baseballs where the trailer has not included rear wind shield wipers in the back of the cab.
If federal government is passing the law then the new spray-on product in place of wind shield wipers, they must have tested it. That fluid will be a substance that quickly evaporates and prevents freezing. In this case, Replay Baseball can follow the law passed by the federal government and that shall help him in Illinois also because the spray-on product shall be superior to windshield wipers.
The law is constitutional, because the government is not removing or denying the use of windshield wipers rather it is giving a better option which is solving the purpose of the wind shield and is rather claimed to be superior than the same.
Courts can resolve the differences between the two laws by passing another law that the security is main purpose behind the laws of both the states, be it use of wind shield or spray-on product on rear windshields, Any one of the two must be mandatory to be used in the cabs / trucks failing which the owners of the vehicles shall be answerable. Otherwise, in case any one of the same, rather the cab / truck belonging to the particular state should follow the law of their state and cabs / trucks travelling inter-state shall have to obtain special license / permit for the use of the same and that license / permit will help them to be in law.