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I was recently referred a matter from a Pennsylvania bus company which had been issued a ticket in NYC for not having a first aid kit installed in the bus.  While the kit would be helpful if someone were injured, the fact remains that the requirement for having a first aid kit in the bus is a NY Rule and cannot be enforced against interstate buses from other states.  This is part of the Federal Pre-Emption Rule whereby the State Rule cannot be applied against interstate carriers as it is an impediment too interstate commerce.  Well, at no small expense, we appeared for the client in NY Criminal Court and had the ticket dismissed.  The Judge may not have grasped the Rule that we argued, but did not not have the patience to debate it.

Jerry A. Casser, Esq. – Fairfield, NJ Transportation Attorney – www.jcasser.com