The Whitman Administration put the current truck regulations into place in 1999 after citizens pointed out that heavy, wide-load trucks bring increased safety risks, air and noise pollution, and added road repair costs to the narrow local, county, and state roads ill-suited to their size. The ATA filed suit in January 2000, after Governor Whitman signed a law that assigned fines of up to $1,000 for truck drivers that violated the rules. The industry group has pressed the courts for resolution since state troopers began issuing tickets in May.

On its face, the argument shared by the Administration and the Campaign is solid. Under the current regulations, all trucks are free to drive on a 545-mile network of inter-states and larger roads to get across the state. Trucks of any size are allowed on local roads if they are picking up goods or making deliveries in NJ. "The ban allows all trucks to use local roads to make deliveries and pick-ups in New Jersey, no matter where they come from, so there is no disadvantage for out-of-state truckers," explained Tri-State Campaign Executive Director Janine Bauer. Also, courts have traditionally given states wide latitude in setting health and safety rules. While intrastate truck trips and interstate truck trips are treated differently, truck companies competing for the same markets receive the same treatment.

The Campaign and other advocacy groups around the country who are closely watching the outcome of the court case see it as a landmark decision. If New Jersey continues to be able to deny trucks with no business within the state from county and state roads, many other states may feel pressure from beleaguered citizens and municipal leaders to do the same. A verdict in favor of New Jersey should also lead to further political pressure to expand the ban to 96 inch-wide trucks and to develop a way in which longer-distance intrastate trips can also be limited.