CLEAN PORTS * USA - Port of L.A. wins round in lawsuit, appeal anticipated

Los Angeles,CAL,USA - Land Line Magazine, by Charlie Morasch -August 27, 2010: -- A federal judge has ruled in favor of the Port of Los Angeles Clean Truck Program, although litigants – the American Trucking Associations – have said they plan to appeal the latest ruling in a two-year legal battle... On Thursday, Aug. 26, U.S. District Judge, Christina Snyder, ruled in favor of the port, including the Clean Truck Program’s employee-driver provision, off-site parking and other requirements on the basis that the Port is acting as a market participant and, as such, is not subject to the laws that pre-empt states or municipalities from regulating trucking activities... While the Port of Los Angeles has sought to regulate drayage drivers, it hasn’t regulated long-haul trucking, and the port worked with OOIDA to create a Day Pass system that allows trucks engaged in long-haul to bypass the system... OOIDA has objected to expensive fees for port access and has pointed out underlying problems at ports that go beyond the scope of the Clean Truck Program... ATA argued that the Federal Aviation Administration Authorization act of 1994 pre-empted the port from regulating some portions included in the concessionaire plan, including the employee-only mandate... (Photo: Port of Los Angeles sky view)


* COMMENT: Judge’s Ruling on Los Angeles Clean Trucks Program Delights Some, Dismays Others, Surprises Many

Los Angeles,CAL,USA -The Cunningham Report, by George Cunningham -29 Aug 2010: ... Common wisdom had been that Judge Snyder would uphold the port's right to require truckers to sign up for a concession, but would rule against the port's plan to require that all drivers be employees of the drayage companies that pick up and deliver cargo at port terminals. That rule - the most controversial provision of the Clean Trucks Program - would ban owner-operators from servicing port terminals and open the drayage industry to unionization by the Teamsters Union... Also a surprise to many was the judge's rationale for the ruling. She agreed with the ATA's argument that the port was preempted by the federal government from requiring trucking companies to use employee-drivers or regulating off-street parking. And she agreed that the safety exemption, which allows local agencies to restrict trucking when it comes to safety did not apply in either of those cases... But she disagreed with the ATA when it came to the port's claim that it was a market participant and as such it could require certain conditions from the companies with which it did business. The ATA argued that since the port does not itself purchase drayage services or participate directly in the drayage services market, it was not a market participant... Judge Snyder, however, said the law allows the port to be considered a proprietor even if it does not buy anything. As a landlord, the port has the proprietary interest in maximizing its profits and operation. While the federal government preempts local agencies from regulating trucking, it does not prohibit a public agency from taking proprietary actions that require certain terms from companies doing business on its property...The battle may not be over until the fat lady sings - and that fat lady could well turn out to be the U.S. Supreme Court - but the movement by ATA and others to quash the Port of Los Angeles Clean Trucks plan has been significantly damaged...