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Mar 7, 2010

CLEAN TRUCKS * USA - Trucking Industry Doesn't Have Deep Enough Pockets For Employee-Based Port Model

The mandated use of employee drivers at the ports would result in a huge disruption to interstate commerce...

Long Beach,CAL,USA -TruckingInfo, by Diana Britton -3 March 2010: ... the trucking industry does not have deep enough pockets for, said Curtis Whalen, executive director of the Intermodal Motor Carriers Conference of the American Trucking Associations... The debate over harbor trucking and the issue of whether the ports should ban owner-operators continued Tuesday during a presentation at the 10th Annual Trans-Pacific Maritime Conference in Long Beach, Calif.... (Photo courtesy of the Port of Seattle - Labor interests and the trucking industry continue to battle it out over harbor trucking)

Labels: Clean Truck Program debate

Jan 20, 2010

CLAIMS * USA - Freight Groups Seek Change in Calif. Air Rules

Proposed regulations would increase costs, say trucking, warehouse interests

Sacramento,CAL,USA -The Journal of Commerce Online, by Bill Mongelluzzo -Jan 19, 2010: -- Freight interests in California and the West are petitioning the California Air Resources Board to revise proposed regulations for low-carbon fuel and a cap-and-trade mechanism for the freight transportation system... The proposed draft regulations would significantly increase the cost of trucking and warehouse operations in California and would not achieve the environmental goals that spawned the initiatives, the freight interests stated... The International Warehouse Logistics Association and the Western States Goods Movement Alliance submitted their statements to CARB for consideration as the air-quality agency works to finalize the regulations... The freight organizations cited draft CARB regulations that would mandate a California-only reformulated, low-carbon diesel fuel; new standards that would require an increase in the use of renewable fuel and a requirement that warehouse operations with truck fleets retrofit their trailers or purchase new trailers that meet federal Environmental Protection Agency “Smart Way” standards... Also, rather than saddle California with a single-state requirement that will cause businesses to move to neighboring states that do not have such regulations, the organization wants CARB to wait until a low-carbon standard is adopted by all of the western states...(Photo from latimesblogs.latimes: ports)

Labels: clean air plans debate, Clean Truck Program debate

Oct 2, 2009

TEAMSTERS vs. ATA * USA - Pro Union Groups Mislead Public About Port Trucking

In a blast of six press releases today from various union and pro-union sources, backers of the Teamsters' effort to change federal law in order to organize port drayage truck drivers are severely misleading the public and encouraging the waste of taxpayers' funds to help organize unions

Arlington,VA,USA-PRNewswire/USNewswire/SOA World Magazine -Oct. 1, 2009: ... The press releases contain blatant falsehoods about the Clean Trucks Program in the Ports of Los Angeles and Long Beach and the American Trucking Associations' (ATA) support of those programs. The ATA has supported the Clean Trucks Program in both ports and its members have helped the ports replace older trucks with newer, cleaner trucks at a rate that is well ahead of schedule. Both programs are successes in their current forms, yet neither port has enforced the restrictive concession plan requirements that the U.S. Court of Appeals declared illegal last March. The releases falsely suggest that the Clean Truck Programs cannot succeed without those concession plan requirements in place... One of the releases praises the findings of the Port of Oakland's economic impact analysis by the firm Beacon Economics, which says, "The majority of truckers serving the Port are independent owner-operators who do not wish to become employee drivers." The analysis also says, "IOO and employee driver earnings are comparable, and significantly higher than non-drayage truck driver earnings". If the port is successful in banning independent businesses from port drayage, "costs of regulatory compliance combined with an employee driver requirement would raise drayage rates by up to 53 percent". That conclusion contradicts one press release's claim that a pro-union plan would make the ports more competitive... Unfazed by the fact that clean air is not related to a driver's employment status, the unions and environmental group supporters are asking Congress to change federal transportation law to effectively nullify the Ninth Circuit Court of Appeals decision and the federal law that protects motor carriers, shippers and consumers from unnecessary and costly state and local regulations. The unions are willing to disrupt national transportation policy, undermine thousands of small businesses and place millions of dollars of unnecessary cost on freight transportation, just to allow them to better advance their organizing goals...

* Port trucker wins court fight over driver misclassification

Los Angeles,CAL,USA -Refrigerated Transporter -Oct 1, 2009: -- Trucking companies in the Port of Los Angeles won a court victory recently against the state of California, and Attorney General, Jerry Brown, to force them to stop using independent contractor drivers to dray containers in California’s ports and to use employee drivers instead... In a civil action filed in Superior Court by the attorney general against Pac Anchor Transportation Inc and truck owner Alfredo Barajas, Los Angeles Superior Court Judge, Elizabeth Allen White, held that a federal law, which protects motor carriers from state regulation, pre-empts claims against motor carriers brought under California’s Unfair Competition Law (UCL)... The federal law, part of the Federal Aviation Administration Authorization Act (FAAAA), prohibits states from enacting and enforcing laws “related to” motor carrier prices, routes, or services in order to maximize competitive forces in the trucking industry. White agreed with the “very strong” argument that claims against motor carriers under the UCL are pre-empted per se under the FAAAA... White held that the attorney general’s case, which was based on the allegation that the defendants had improperly classified drivers as independent contractors rather than employees, would have a significant effect on motor carrier prices, routes, and services and was therefore pre-empted under the FAAAA. White found that the attorney general’s actions threatened to erect entry controls that would discourage independent contractor drivers from participating in the trucking market, thereby frustrating Congress’ intent to maximize competitive forces in the trucking industry...

Labels: Clean Truck Program debate

May 7, 2009

CLEAN TRUCKS * USA - Court Confirms Ruling

Los Angeles,CAL,USA -The Journal of Commerce Online, by Bill Mongelluzzo -Apr 30, 2009: -- U.S. District Court Judge, Christina A. Snyder, on April 29 issued a final ruling confirming her preliminary ruling on Monday that the ports of Los Angeles and Long Beach may continue to enforce certain provisions in their concession agreements, but not those concession requirements that the trucking industry finds especially onerous... Judge Snyder enjoined several provisions in the Los Angeles-Long Beach clean-trucks concessions, including a Los Angeles requirement that motor carriers hire drivers as direct employees, as well as requirements for off-street parking of trucks and proof that a motor carrier is financially capable of operating in the harbor... Judge Snyder will hear the case on its merits later this year. She scheduled a pre-trial status conference for Sept. 14 and a trial date for Dec. 15... (Photo by Paul Page: Judge enjoins parking, financial, driver-employee requirements)

* Ruling Supports LA/LB Emission Goals - Environmental group applauds decision in clean-trucks case

Los Angeles,CAL,USA -The Journal of Commerce Online, by Bill Mongelluzzo -Apr 30, 2009: -- A U.S. district court ruling this week allowing Los Angeles and Long Beach to enforce a clean-trucks program should help the ports achieve their truck emission goals, at least in the short term, according to David Pettit, the environmental organization's lead attorney in Los Angeles, told a meeting of the Harbor Association of Industry and Commerce for the Natural Resources Defense Council... The ruling by Los Angeles District Court Judge, Christina A. Snyder, allows the ports to enforce concession requirements that mandate the expedited retirement of old, polluting trucks and require that motor carriers adhere to truck maintenance and driver credentialing standards... Judge Snyder, however, also issued a preliminary injunction against a Port of Los Angeles provision that motor carriers must hire drivers as direct employees... Now that the elements of a viable clean-trucks program are falling into place, the NRDC is likely to visit other ports to ensure they are taking steps to reduce truck pollution...

Labels: Clean Truck Program debate

Apr 28, 2009

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

Mar 25, 2009

CLEAN TRUCKS DEBATE * USA - L.A. Mayor Villaraigosa responds to court’s port decision

Los Angeles,CAL,USA -The Trucker, by Dorothy Cox -24 March 2009: -- Making the best out of what could have been considered bad news for California’s clean truck program from the Ninth Circuit U.S. Court of Appeals last week, Los Angeles Mayor, Antonio Villaraigosa, defended efforts to clean up harmful emissions, adding that, “While the District Court has been asked to undertake further proceedings with respect to the case, the City of Los Angeles is pleased that the centerpiece components of the clean truck program that are currently in effect — i.e., the dirty truck ban and clean truck fee — remain intact …,” the mayor said... The U.S. Court of Appeals for the Ninth Circuit essentially agreed with the American Trucking Associations in its challenge of the California ports’ concession part of the clean truck program, saying that part of the provisions would “irrevocably” hurt motor carriers... The Port of L.A. generates 919,000 regional jobs and $39.1 billion in annual wages and tax revenues. A proprietary department of the City of Los Angeles, the Port is self-supporting and does not receive taxpayer dollars...

Labels: Clean Truck Program debate

Jan 8, 2009

CLEAN TRUCK PROGRAM * USA - ATA files brief in port lawsuit

Arlington,VA,USA -Bulk Transporter -Jan 5, 2009: -- The American Trucking Associations (ATA) has filed a reply brief in the Ninth Circuit Court of Appeals in the association's effort to secure an injunction against the enforcement of the California Ports of Los Angeles and Long Beach concession plans, according to ATA information... ATA asserts in the brief that:

* The District Court committed reversible error by extending the narrow motor vehicle safety exception to the Federal Aviation Administration Authorization Act (FAAAA) rates, routes, and services preemption to generalized port safety and security measures and that such a broad application of the exception is directly contrary to the US Supreme Court’s ...

* The inapplicability of the safety exception to the concession plans is strongly supported by the brief of the United States Department of Transportation...

* The district court committed legal error by focusing its irreparable harm analysis on the harm suffered by motor carriers associated with complying with plans, rather than harm (complete loss of business) visited upon motor carriers that refuse to comply with the unlawful concession agreements.

* The district court also erred when it found that an injunction would harm the ports’ environmental and security efforts because those elements of the Clean Truck Program (retirement of older trucks, implementation of PortCheck gate program) would not be impacted by an injunction of the concession plans.

* ATA asked the appeals court to reverse and remand to the district court’s denial of the preliminary injunction and order it to revisit its findings in light of the correct legal standards and further factual developments since the September district court hearing.

Labels: Clean Truck Program debate

Dec 7, 2008

CLEAN TRUCKS PROGRAM * USA - Port Authority Chief: "Inevitable for NY-NJ"

Newark,New Jersey,USA -Shipping Digest, by JOHN GALLAGHER -December 8, 2008: -- The opportunity is ripe for environmentalists in the areas around marine terminals in New York and northern New Jersey to push for cleaner trucks... Approximately 9,000 drayage truckers serve the nation’s third-largest container port, which handles more than 5 million TEUs and 30 million tons of ocean cargo annually... Some type of clean-trucks program in the port is inevitable, said Christopher Ward, executive director of the Port Authority of New York and New Jersey. However, that doesn’t mean a Southern California-style ban on owner-operators at the port is a given... The Teamsters union, a strong advocate of the clean-trucks plan at the San Pedro Bay ports of Los Angeles and Long Beach, wants similar programs to spread to ports across the country, along with a requirement that drayage drivers be company employees, and therefore eligible for union membership...

* Federal judge delays Clean Trucks ruling

Torrance,CA,USA -The Daily Breeze -5 Dec 2008: -- Clean trucks will continue to roll in at the ports of Long Beach and Los Angeles - at least until January... A federal judge Friday delayed a ruling on whether to block portions of a harbor Clean Trucks Program, blaming a heavy workload that includes several cases involving detainees at Guantanamo Bay... U.S. District Judge Richard J. Leon said he would not make a decision before 2009 on the Federal Maritime Commission's request to invalidate parts of the truck plan... The FMC, a federal agency which oversees national shipping laws, filed the suit against Long Beach and Los Angeles in October, saying the ports' concession agreements are illegal because they would unfairly raise shipping prices and slash competition in the nation's busiest commercial harbor...

Labels: Clean Truck Program debate

Aug 30, 2008

CLEAN TRUCKS DEBATE * USA - Truckers Grind Gears Over Subsidies

Newcomers get cash for clean vehicles to veterans’ dismay

Los Angeles,CAL,USA -The Los Angeles Business Journal, by RICHARD CLOUGH -1 Sept 2008: -- A recent move by the Port of Los Angeles to spur interest in its fast-approaching program to replace old diesel trucks is drawing outrage from small local motor carriers that believe they are being unfairly driven out of the port freight business... The port unexpectedly approved a pair of incentive programs Aug. 21 that would award as much as $30,000 per truck to motor carriers operating less-polluting new diesel rigs as a way to encourage them to service the port... But since most of the small local trucking companies will have to pay tens of thousand of dollars to buy new trucks, they are at a distinct disadvantage to larger firms, some motor carriers say... The new incentives were prompted, officials said, by concerns that there will not be enough approved short haul trucks when the program starts Oct. 1... On that date, all trucks built before 1989 will be banned from the port. Even cleaner trucks will be required in the future... However, the result has been that at least three big out-of-state motor carriers that have new fleets already meeting the program’s guidelines are in line to receive millions of dollars in subsidies – while taking work away from smaller, local carriers... Meanwhile, smaller local trucking companies say the way the port’s incentives are now structured is tilted in favor of large carriers, some of whom not only may be out of state but may even have never served the ports...

Labels: Clean Truck Program debate

Aug 16, 2008

CLEAN TRUCKS DEBATE * USA - L.A., Long Beach OK grants for Mexican carriers

Program could pay for the replacement of trucks owned by Mexican trucking companies while it excludes U.S. trucks that run any miles outside of California

Grain Valley,MO,USA -Land Line Magazine, by Charlie Morasch -Aug. 15, 2008 – ... A Land Line investigation into the Ports of Los Angeles and Long Beach multibillion-dollar clean truck program, however, shows that the $2.2 billion program could pay for the replacement of trucks owned by Mexican trucking companies while it excludes U.S. trucks that run any miles outside of California... The Ports of Long Beach and Los Angeles each have adopted clean trucks programs that phase out all pre-2007 emissions level trucks by December 2012, and phase in requirements that all trucks be operated by licensed concessionaires approved by the port. The Port of Los Angeles adopted further restrictions that eventually require all drivers to be company employees... On page five of the Clean Trucks Program application – which features logos of each port – the form asks applicants to check one of three types of operating authority numbers.

MC for motor carrier
FF for freight forwarder
MX for Mexican companies with federal authority to operate beyond commercial zones

The MX stands for “carriers that are based in Mexico,” said Art Wong, a spokesman for the Port of Long Beach... Theresa Adams-Lopez, a spokeswoman for the Port of Los Angeles, also confirmed the Mexican truck classification in a statement but said it was “merely an inquiry during the application process”... Theoretically, a Mexican carrier could purchase a truck in the U.S., run only California miles and employ an American driver to meet immigration standards, Craig said... Craig pointed out the drayage economy in Los Angeles and Long Beach has been profitable for port trucking companies but not for owner-operators, who can’t afford to buy their own new trucks or to maintain existing ones...

Labels: Clean Truck Program debate

Jul 1, 2008

RULES' DEBATE * USA - Brazen "Environmental" Corruption in Los Angeles

San Diego,CAL,USA -The Right Coast, by Gail Heriot -June 30, 2008: -- This is serious, ladies and gentlemen. Los Angeles Mayor Villaraigoso just signed into law what purports to be a plan to clean up Los Angeles air... But look closer, it's in fact a plan to promote the Teamsters Union. It's the kind of corruption that will make your head spin. It makes me dizzy just thinking about it... Under the plan, "exhaust-spewing diesel trucks" (i.e. almost all trucks) will be banned from carrying cargo from the Port of Los Angeles. That puts large numbers of independent truckers, who have made huge investments in their trucks, up the proverbial creek. The plan therefore subsidizes new trucks and requires these independent truckers to become employees of the major trucking companies (rather than simply independent contractors), supposedly because these trucking companies can better afford to purchase and maintain the newer, cleaner trucks. Independent contractors would thereafter be banned. As the Los Angeles Times reports, "Both Villaraigosa and port authorities argue that independent, low-income drivers will not be able to afford the new $100,000 trucks that meet the port's strict low-emissions requirements."... The driving force behind this travesty is that well-know friend of the environment the Teamsters Union. They have (probably correctly) concluded that this is the most effective way to promote the unionization of the trucking industry in California. Trucking companies here in California frequently use independent truckers as independent contractors. The notion that the Teamsters Union is motivated by a desire to clean Los Angeles air is laughable... Chester Finn had an article in Friday's Wall Street Journal entitled "The Self-Inflicted Economic Death of Ohio." You may think that such a thing can't happen in California, but it can. If a thriving competitive industry can be captured by the Teamsters Union this easily, California can become the New Rust Belt in less time than you'd think. Packaging all this as "green" was obviously key. Even the most brazen corruption passes as public spiritedness these days if it's presented as pro-environment...,

Labels: Clean Truck Program debate

May 25, 2008

Clean Truck Plan * USA - Losing Traction. Confusion and threat of lawsuits block progress

Opinion: “It’s definitely a recipe for disaster”

Los Angeles,CAL,USA -The Los Angeles Business Journal, by RICHARD CLOUGH -26 May 2008: -- Despite the fast-approaching October start date for a massive truck replacement program at the local ports, motor carriers are largely sitting idle, making it unlikely that it can be smoothly implemented in the coming months... Los Angeles and Long Beach port officials have worked for more than a year on a clean-air initiative that will reduce emissions by funding the replacement of about 16,000 short-haul diesel trucks in San Pedro Bay. But with just a few months left before the ports will require motor carriers to scrap their oldest rigs, few local trucking companies have begun making plans to turn over their fleets, despite the fact that new trucks often take months to procure... While some trucking executives cite a general confusion about the program for their lack of movement, many others are expecting a possible lawsuit by the American Trucking Association, an industry trade group, to mire the ports in a legal battle that could derail the program for months, or even years... The most controversial provision in the clean-air plan has been adopted only by the Los Angeles port; it will force trucking companies to end the practice of contracting with independent drivers and instead hire employees to operate company trucks... A lawsuit could delay key elements of the program, and if a lawsuit does not materialize or is quickly dismissed, many motor carriers would be unprepared when the program begins... “It’s definitely a recipe for disaster,” said Kristen Monaco, a trucking expert and professor at California State University Long Beach. “Everyone’s anticipating that the lawsuit will hold everything up for a while. If there’s no lawsuit I think everyone will be shocked and a little unprepared.”...

Labels: Clean Truck Program debate

May 19, 2008

CLEAN PORTS DEBATE * USA - Port of Oakland fights trucking industry over driver status

Oakland's port may be on a collision course with the trucking industry

San Francisco,CAL,USA -Bizjournals (Charlotte,NC)/The San Francisco Business Times, by Eric Young -May 16, 2008: -- Port officials are considering whether to require that truck companies hire drivers rather than employ them as independent contractors. The possibility of such a sweeping change has set many trucking companies on edge because it would saddle those businesses with significant costs -- including fuel, maintenance and new trucks -- that they avoid now... Trucking industry officials threatened to go to court to block mandates that truck companies hire drivers. The American Trucking Association said it is preparing a lawsuit against the Port of Los Angeles, the nation's busiest, which recently adopted a plan calling for truck drivers to be employees... Despite the threat of court battles, Oakland believes it can better control pollution if it deals with dozens of trucking companies instead of thousands of individual drivers. Of the estimated 2,300 trucks that serve Oakland's port, an estimated 90 percent are driven by independent operators. As independent contractors, the drivers are responsible for all costs associated with their rig. Many are siding with the port, and against the companies...(Image ID: Herb Lingl/aerialarchives.com - Two tug boats holding a containership in place - Port of Oakland, CA with downtown Oaklandand the Union Pacific Intermodal Yard in the background)

Labels: Clean Truck Program debate

Mar 24, 2008

OPINION - USA - L.A. truck plan makes more sense

The Port of Los Angeles, proposed that port truck drivers become employees of licensed motor carriers and licensed motor carriers obtain taxicab-type concessionaire agreements with the ports

Long Beach,CA,USA -The Long Beach Press-Telegram, by (*) Geraldine Knatz -23 Mar 2008: -- ... Licensed motor carriers have the business relationships with major retailers and other cargo owners that ship goods through our ports. By our estimates, there are about 1,300 licensed motor carriers operating in our trucking system. Many of them have little or no assets. They contract with an estimated 16,000 independent truck owner-operators to haul containerized cargo among the ports, rail yards, regional warehouses and businesses... In this system of licensed motor carriers and paid-by-the-load truckers, thin margins and wild competition drive rampant inefficiencies and cut-rate pricing. Low rates mean low wages, and low wages power the fleet of old, poorly maintained, smog-belching trucks. Trucks contribute 63 percent to the estimated 2,400 premature deaths statewide each year from air pollution generated by regional goods movement... While protecting public health for the long run is priority one, three key principles mandate our Clean Truck Program's aggressive approach:
* Efficiency: Providing new trucks to licensed motor carriers is more efficient than working with 16,000 individual drivers to replace each of their trucks...
* Sustainability: With lower fees and a variety of incentives, the Port of Los Angeles Clean Truck Program does the most to encourage private investment toward the turnover of our dirty truck fleet within the shortest period of time... By the time the next generation of trucks is needed, we must ensure that our trucking industry is financially self-sufficient so Southern Californians can continue breathing cleaner air....
* Security: A trucking system with employee drivers provides a far greater degree of control and accountability than we currently have with thousands of independently contracted truckers...

(*) Geraldine Knatz is executive director of the Port of Los Angeles (and a resident of Long Beach)

Labels: Clean Truck Program debate

Jan 19, 2008

Clean Truck Program * USA - Port of Long Beach’s opponents say, go beyond clean air into labor organization

* Shipper says it has met Long Beach truck standard

OOIDA: Plan will exclude long-haul drivers who make occasional port visits, and force owner-operators to pay additional fees to drivers with access

CAL,USA -Land Line Magazine, by Charlie Morasch -January 17, 2008: -- A major Asian shipper says it already has complied with the port of Long Beach’s Clean Truck Program... Hong Kong-based Orient Overseas Container Line officials announced they would voluntarily stop using trucks with pre-1990 engines in January, ahead of the port’s Oct. 1 deadline, according to a company news release... Other parts of the twin ports’ Clean Truck Program have been criticized for what opponents say go beyond clean air into labor organization... Also, each port plan to consider approving in February a plan backed by the Teamsters Union to require all truck drivers to be company employees, and to limit port entry to trucks from companies that are licensed by the port as concessionaires... OOIDA has expressed concerns that the Teamsters-backed plan will exclude long-haul drivers who make occasional port visits, and force owner-operators to pay additional fees to drivers with access. OOIDA officials met with the Federal Maritime Commission in October 2007 to convey those concerns...

Labels: Clean Truck Program debate

Nov 6, 2007

"Clean Trucks Program" * USA - L.A. Approves Truck Tariff, Long Beach Will Vote

The Port of Long Beach Commission today is expected to approve a progressive ban of older trucks serving the San Pedro Bay ports

Long Beach,CA,USA -The Cunningham Report -5 Nov 2007: -- ... It is the first element of a larger Clean Trucks Program whose other pieces could be considered by the Long Beach and Los Angeles commissions before the year is over... The tariff amendment to be considered today in Long Beach mirrors the one taken Thursday by the Port of Los Angeles Commission. That meeting drew an overflow crowd. Not surprisingly, a lengthy discussion of the plan's merits preceded the vote... Most speakers said they support the progressive ban. That level of consensus on any single element of the Clean Trucks Program is a far cry from where the ports were when they first proposed the initiative earlier this year. But the consensus is limited. Environmental groups, health advocates and industry representatives were predictably split on what should come next...

* Long Beach Harbor Commission approves Clean Trucks Tariff
CAL,USA -CCJ/eTrucker -5 Nov 2007: -- Long Beach Harbor Commissioners on Monday, Nov. 5, voted to ban the oldest, dirtiest trucks from operating at the Port of Long Beach, through approval of a port tariff that will gradually limit access to all but the cleanest vehicles... The tariff is based on a progressive ban of the oldest trucks. The schedule is:
- Oct. 1, 2008: All pre-1989 trucks will be banned from Port service;
- Jan. 1, 2010: 1989-1993 trucks will be banned along with unretrofitted 1994-2003 trucks; and
- Jan. 1, 2012: All trucks that do not meet the 2007 federal standard will be banned...

Labels: Clean Truck Program debate

Sep 29, 2007

S. Calif. Truck Plan * USA - Major industry groups ask FMC to investigate

Two major shipping and freight industry groups have asked the U.S. Federal Maritime Commission to take immediate action against a controversial port trucking re-regulation plan being proposed by Southern California port authorities

CAL,USA -American Shipper+ Shippers' NewsWire -27 Sept 2007: -- ... In what may be the first public salvo of industry action against the $1.8 billion truck plan, the Pacific Merchant Shipping Association and the National Industrial Transportation League have asked FMC officials to examine the ports’ plan for what the groups describe as “legal, logistical and anticompetitive impacts that will cause immediate economic harm”... In the 14-page letter to the federal agency requesting the review, the two groups also detail their assertions that the ports, during development of the truck plan, have violated portions of the federal Shipping Act... The ports’ Clean Truck Program, slated to start Jan. 1, would ban access to the ports’ terminals by truckers not obtaining a license from the ports... Port-licensed pre-2007 model year trucks would pay a “truck impact fee” for each gate entry at the terminals... The ports claim that the plan, if fully implemented, would eliminate up to 45 percent of port-generated truck emissions by 2012. Trucking firms must also agree to hire only employees, not independent owner-operators, to obtain a port license... In their letter, the PMSA and NIT League point out that the ports’ agreement with the FMC “is entirely silent on one of the most intrusive and anticompetitive portions of the Clean Truck Program -- the prohibition of independent owner-operators”... John Husing, a prominent Southern California economist, said that truck driver positions, support jobs and back office staff would all suffer under the ports’ truck plan. Husing’s analysis, which was presented to port officials several weeks ago, found that 376 trucking companies would vanish if the ports’ plan was implemented, along with just over 2,250 back office and support jobs. A calculation using numbers in the analysis suggests that at least 4,400 driver positions would be eliminated by the ports’ plan. An American Shipper analysis of the plan in July found that 6,150 driver positions would be lost because of the plan, along with close to 1,500 support positions... In addition, Husing told the audience that implementation of the program will likely result in more than a 50 percent short-term reduction in the port truck fleet, an 80 percent increase in shipping costs for surviving firms and “a slowly building crisis as lack of drivers and trucks means containers are not delivered on time"... (Picture from www.alwaysbeta.com - Los Angeles air pollution)

Labels: Clean Truck Program debate