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CLEAN TRUCKS' COMPLICATIONS * USA - Shippers Find Clean-Truck Ones
LA/LB rule may force carriers to violate through bill of lading terms
Los Angeles,CAL,USA -The Journal of Commerce Online, by Bill Mongelluzzo -Mar 20, 2009: -- Intermodal shippers in Los Angeles-Long Beach say ocean carriers that are attempting to comply with the ports' clean-truck regulations could be violating the terms of the through bill of lading contracts with their customers... Since the ports began collecting clean-truck fees on Feb. 18, most carriers have been letting containers sit on the docks until cargo interests claim the cargo through PortCheck, Bengt Henriksen, president of Quality Logistics in San Carlos, Calif., said. If the free storage time elapses, carriers are charging demurrage (late fees) to the shippers... Henriksen said this could be a violation of the service contracts that carriers sign with their customers. Service contracts with through bills of lading place all of the administrative responsibilities involved in such shipments on the ocean carrier regardless of what a third-party like PortCheck requires, he added... Henriksen has asked the National Industrial Transportation League, a shipper organization, to look into the matter. He also believes the Federal Maritime Commission should become involved... (Photo: Trucks near Port of Long Beach) * Appellate Panel – Clean Trucks Plans Probably Illegal
Los Angeles,CAL,USA -The Cunningham Report -20 March 2009: -- A three-judge federal panel of the 9th Circuit Court of Appeals says a lower court was wrong to deny a preliminary injunction against the truck concession programs at the Port of Los Angeles and the Port of Long Beach: "We conclude that the Concession agreements of both the Ports will likely be found to be preempted in whole or in part. The Port of Los Angeles Concession agreement does overreach considerably more than does the Port of Long Beach Concession agreement. However, each is likely to result in at least some irreparable harm to the motor carriers, and, on balance, the district court abused its discretion when it denied a preliminary injunction as to significant parts of the agreements."... The 27-page ruling says the ATA is likely to prevail on the merits of the case and trucking companies are likely to suffer irreparable harm whether or not they sign the concession agreements... The ruling describes the Port of L.A. concession program as the more disruptive of the two, but also finds fault with Long Beach's program. The appellate panel disagreed with the ports' argument that safety requirements provided an exception to federal law and found that, "... the Ports' primary concern was increasing efficiency and regulating the drayage market."... The ruling acknowledges the ports' need to address security and environmental issues, but they have other avenues under programs that have not been challenged and existing laws. Among them are TWIC, PierPASS, PortCheck and other aspects of the two ports' clean truck programs... The case now returns of Judge Christina A. Snyder of the Central District of California, who is ordered to, "proceed as quickly as possible so that ATA will not suffer unnecessary harm from any unconstitutional provisions." ...
Labels: Clean Trucks Program
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