Washington ~ Motor Fuel Tax: Right to Travel Provision Preempted Taxation

Washington ~ Motor Fuel Tax: Right to Travel Provision Preempted Taxation

first_imgA “right to travel” provision in a Tribal Nation treaty preempted the imposition of Washington motor fuel taxes and penalties and the enforcement of license requirements under former Washington statutes. A review of federal appellate case law revealed that any trade, traveling, and importation requiring the use of public roads fell within the scope of the right to travel provision of the treaty. Since it was not possible for the tribal corporation to import fuel without transporting on public highways, the right was protected by the treaty and the state could not impose motor fuel tax at the Washington border.Cougar Den, Inc. v. Washington State Department of Licensing, Washington Supreme Court, No. 92289-6, March 16, 2017, ¶204-182last_img

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