ATA Files a Petition Against Port Ruling

By: Bubbajunk.com

At the same time the American Trucking Associations has filed to petition a decision favoring the Port of Los Angeles, port officials will suggest an adjusted schedule of enforcement of the agreement the association is contending.

In Sept. 16, the ATA filed its petition for an appeal in the 9th U.S. Circuit Court of Appeals. The association said, in her Aug. 26 ruling, Judge Christina Snyder had done a few legal errors, which supported the portÂâ€Ã¢„¢s agreement carriers must sign to work the port..

Ports across the nation have expressed their desire to adopt the Los Angeles model.

The September 10 final judgment of Snyder put an end to the preliminary restriction that had been in place, which had shut out the port from fully implementing the agreement. The ATA didn't fight over the stricter truck emissions standard, however it filed legal charges over the other program aspects. This includes obligating all drivers to be employees of big trucking companies and obligating carriers heed preferential hiring regulations.

According to port representatives, at the boardÂâ€Ã¢„¢s Sept. 27 meeting, they will suggest the Los Angeles Board of Harbor Commissioners agree to an adjusted agreement time line. The planned schedule would start to put half nelson on 20 percent of drivers to be employees by December 31, 2011. It will be raised to 66 percent a year later and 100 percent at the end of 2013.

American Trucking Associations' appeal demand asserts the U.S. Constitution's Commerce Clause inhibits states' regulation power and the "dormant" commerce clause inhibits legislation dreadfully hampering interstate commerce.

It authorizes a market exemption if the port's actions are perceived as a business proprietor, not as a regulator. The association considered that Snyder's view that the port is a proprietor too broad.

Snyder committed other legal mistakes, including not allowing discovery and introduction of certain evidence and not acknowledging federal preemption of some agreement components.

At the forthcoming meeting, port staff also will suggest board members approve:

  • Hold off requiring use of a job referral service until the port has an agreement with a service provider.

  • Allowing carriers until Jan. 1 to submit an off-street parking plan, and until July 1, 2011, for the implementation of that plan.

  • Other adjustments, including obedience with some requirements only on a going-forward basis, such as financial capability information attached with concession applications.

Out-of-state and infrequent licensed motor carriers without a concession agreement with the port will be allowed up to 24 day passes yearly.