US judge rules in favour of LA Port's Clean Trucks Programme

A US federal judge has dismissed trucking industry arguments that parts of the Port of Los Angeles' Clean Trucks Programme violates federal law, and said provisions for drivers and services can proceed.

The ruling, which could lead to the unionisation of harbour truckers, is expected to be appealed by the American Trucking Associations, the plaintiff in the two-year-old case, reports Newark's Journal of Commerce.

US District Court Judge Christina Snyder ruled that in spite of the federal pre-emption law prohibiting state and local entities from regulating the rates, routes and services of motor carriers engaged in interstate commerce, the Port of Los Angeles can mandate certain requirements on truckers under a "market participant" exception to that law.

The judge said the port, in order to expand and protect its assets in competition with other ports, must promote a healthy harbour trucking industry and one that reduces pollution. Otherwise, environmental and community groups would continue to block port growth through litigation.

She determined the port adopt the concession agreement in the Clean Truck Programme "as a business necessity," and therefore the concession requirements fall under the market participant exception to the motor carrier provision of the Federal Aviation Administration Authorisation Act.

Port of Los Angeles executive director Geraldine Knatz welcomed the ruling, "We are extremely pleased that our concession programme was upheld by the court ruling, including accountability of motor carriers."
(Source:www.schednet.com)