ATA Files Motion to Maintain Injunction on LA Port Employee Driver Mandate, Etc.
The American Trucking Associations (ATA) on September 24, 2010, filed a court motion to maintain the preliminary injunction delaying implementation of certain provisions of the Concession Agreements of the Port of Los Angeles’ Clean Trucks program, including the employee driver mandate.
Sign up for a free preview to unlock the rest of this article
Export Compliance Daily combines U.S. export control news, foreign border import regulation and policy developments into a single daily information service that reliably informs its trade professional readers about important current issues affecting their operations.
Motion Would Delay Lifting of Employee Driver Mandate, Other Requirements
The trucking group’s motion, at the District Court for the Central District Court of California, seeks to keep in place the injunction pending an appeal of that court’s Final Judgment approving the last five unresolved Clean Truck Program requirements1, including its employee driver mandate and off-street parking provision. The motion foreshadows the association’s likely appeal strategy, with arguments challenging key parts of the district court’s reasoning in the Final Judgment.
ATA Begins Challenge of Lower Court Reasoning
Notably, the ATA argues that the “market participant’ doctrine, whereby the Port, acting as a business, can impose requirements on its service providers that a state regulatory authority could not require without infringing federal prerogative, “raises serious legal questions.” The ATA also argues that irreparable harm to its members will likely result if the junction is lifted, with greater hardships for the truckers than for the Port, and that the public interest would be served by a stay.
Hearing on Motion set for October 25, 2010
According to the ATA, the hearing on its motion is scheduled for October 25, 2010 at 10:00 AM PST at the District Court for the Central District Court of California.
(See ITT’s Online Archives or 09/16/10 news, 10091649, for BP summary of court’s Final Judgment implementing its August 26, 2010 ruling that upheld the Port of Los Angeles' (POLA) Clean Truck Program requirements.)
1 The provisions subject to the injunction would require 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 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;
- provide off-street parking for trucks to use while waiting to serve the port.
ATA release and motion available by emailing documents@brokerpower.com