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Oct 27, 2010

Clean Truck Program * USA - Judge allows injunction against Port of LA’s employee-driver rule

A federal judge in California has granted a temporary injunction that blocks the Port of Los Angeles from enforcing its employee-driver mandate

Sacramento,CAL,USA -Land Line Magazine, by Charlie Morasch -October 26, 2010:  ...   The employee driver provision is part of the port’s comprehensive Clean Truck Program, which has already banned all trucks with pre-1994 model year engines, and in 2012 will ban trucks that don’t meet 2007 federal emissions standards...   On Monday, U.S. District Judge Christina Snyder reinstated an injunction that prevents the port from requiring only truck drivers who are company employees...   Monday’s tentative ruling may be confirmed in the next several days, and would be effective until an appeal of the employee-driver mandate filed by American Trucking Associations is considered by the Ninth Circuit Court of Appeals...   According to court documents, the Ninth Circuit has previously stated the employee driver provision was “likely to cause irreparable harm to motor carriers,” despite an amended timetable that gives carriers until the end of 2011 to make 20 percent of gate moves by employee drivers, increasing to 100 percent by the end of 2013... 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, such as bad lease-purchasing schemes...

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