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Dec 16, 2008

CLEAN TRUCKS * USA - Court nixes quick ruling on clean trucks

The question of who will own an operate new, clean trucks has been controversial

Los Angeles,CAL,USA -Pacific Shipper, by BILL MONGELLUZZO -December 15, 2008: -- Shippers using old trucks to haul containers in and out of the ports of Los Angeles and Long Beach may be on the verge of having to pay a $35-per-TEU fee, even though the legalities remain unsettled... Any hopes for a quick ruling on the legality of the ports’ clean-trucks programs were dashed on Dec. 5 when a federal judge said he wouldn’t rule before January on the Federal Maritime Commission’s request to block certain provisions in the clean-trucks program... The FMC and the ports had hoped for something more definitive before Dec. 18. That’s the day the FMC must decide whether to intervene to block an agreement by the ports that details how they intend to collect a $35-per-TEU fee on trucks that don’t comply with strict new emissions standards... The ports are counting on the fee to raise at least $1.5 billion over five years to help subsidize programs to help motor carriers purchase new trucks that comply with emissions standards... The trucking industry is challenging the ports’ concession requirements under the federal pre-emption rule, which bars state and local entities from regulating the rates, routes and services of motor carriers engaged in interstate commerce. The concession requirements direct how motor carriers operate in the harbor, and the Los Angeles concession phases in a requirement for the use of employee drivers... Joining the ATA in friend-of-the-court filings were several federal agencies, including the Justice Department, and industry organizations representing cargo interests and terminal operators...

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