Injunction on LA Port Employee Driver Mandate Lifted - ATA Files Appeal, Port to Meet
On September 10, 2010, the District Court for the Central District of California issued its final judgment implementing its August 26, 2010 ruling that upheld the Port of Los Angeles' (POLA) Clean Truck Program requirements, including its employee driver mandate.
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Order Lifts Injunction Against POLA CTP Requirments for Employee Drivers, Off-Street Parking
The Central District court's judgement ordered the April 28, 2009 preliminary injunction to be dissolved. The injunction had prevented POLA's enforcement of its CTP provisions requiring drayage providers to:
- use only employee drivers, not contractors driving separately owned vehicles;
- maintain trucks and retrofit pollution control equipment on a formal schedule per manufacturer specifications and provide documentation to prove the same;
- post placards giving a phone number to report concerns regarding emissions, safety and security compliance;
- demonstrate the financial capability to perform the agreement obligations; and
- provide off-street parking for trucks to use while waiting to serve the port.
ATA Files Appeal, to Ask That Injunction Continue
The American Trucking Associations, Inc. (ATA) appealed the Central District's decision on September 16, 2010. In its appeal, ATA stated that it intends to file a motion to stay that court's order in order to preserve the April 28, 2009 preliminary injunction.
If the injunction is not preserved, ATA sources state that approximately 7,000 independent owner-operators, many of whom have already invested in compliant new “clean” trucks or after-market equipment, could be adversely affected by POLA actions.
Port Commissioners to Meet Before Deciding on Any Action
ATA sources and POLA have stated that the port will not take action to enforce the litigated CTP provisions before the next meeting of the Board of Harbor Commissioners, now scheduled for September 27. The Commissioners will review and discuss the implementation recommendations being prepared by POLA harbor and legal staffs, which POLA sources state should be publicly released by September 22, 2010.
The port has stated that its next steps “may include reasonable extensions of time for compliance.” Port sources were unable to confirm if a previously discussed 5-year implementation phase-in would be offered.
(See ITT’s Online Archives or 09/01/10 news, 10090121, for BP summary of the Central District court’s 08/26/10 ruling, and POLA statement on September meeting.)
POLA announcement on September 27 date of meeting available here.
ATA appeal documents (filed 09/16/10) available by emailing documents@brokerpower.com
Central District's Judgment order (09/10/10) available by emailing documents@brokerpower.com