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CLEAN TRUCKS PROGRAM * USA - ATA Says Truck Concession Injunction Falls Short
The ATA claims the injunction did not go far enough, and that it should have included the concessions in their entirety...
Los Angeles,CAL,USA -The Cunningham Report -15 May 2009: -- The American Trucking Associations filed legal papers Thursday, setting the stage to challenge the preliminary injunction issued last month enjoining certain elements of the Clean Truck Concessions at the Port of Los Angeles and Port of Long Beach... The ATA in its Civil Appeals Docketing Statement filed this week claims that Judge Snyder:* Failed to follow the appellate court's directions that only those provisions of the concession plan that are "genuinely responsive to motor vehicle safety" can be excluded from the injunction.
* Committed an error of law and abused her discretion by refusing to enjoin the ports' use of a contractual concession mechanism to enforce various requirements upon the trucking companies.
* Committed an error of law in refusing to find that the scope of the "safety regulatory authority of a state" under federal law precludes a state from revoking a motor carrier's interstate operating authority as a penalty for safety violations.
* Abused her discretion in failing to enjoin the concession agreements as a whole because of the above errors of law.
Labels: Clean Trucks Program
posted by Unknown @ 11:01 AM
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