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Clean Truck Program * USA - Federal judge overrules parts of ports' one
Los Angeles,CAL,USA -The Press-Telegram Long Beach, by Kristopher Hanson -27 April 2009: -- A federal judge has shot down portions of the ports' landmark clean-truck program, ruling that provisions like an employee-driver mandate and restrictions on where trucks can be parked cannot be enforced until a full court hearing is held... U.S. District Court Judge, Christina Snyder, said Monday that while environmental mandates on truck emissions may stand, other provisions embedded in the plan will need to be argued in court in coming months... The ruling upends protections sought by labor and environmental groups and provides a victory to trucking groups and independent truck drivers whose long-standing business model had been threatened under the plan... The American Trucking Association, backed by retailers and exporters, Sued the ports of Long Beach and Los Angeles in August, saying certain provisions - but not the environmental mandates - violated Federal law and placed an unfair burden on their industry... The elements that would probably be enjoined according to her preliminary ruling are:
- The Los Angeles requirement that all drivers be employees.
- The Los Angeles and Long Beach requirements regarding preferential hiring, financial capability, routes and parking, and concession fees.
- The Long Beach requirements for companies to advise drivers about health insurance opportunities.
Labels: Clean Truck Program debate
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