Southern California ports move to delay truck plan injunction

Attorneys for the ports of Long Beach and Los Angeles have moved to delay a federal court hearing on an industry-requested injunction seeking to halt an access license component of the two ports?contentious $2.4 billion truck re-regulation plan. 

The injunction is part of a suit brought against the ports and their respective cities last week by the American Trucking Association. If granted, the injunction would halt the ports?Oct. 1 implementation of an elaborate access licensing program which seeks to determine which trucks can and can not service the two ports?marine terminals. 

The ports have mandated that only motor carriers that agree to certain ports-defined criteria will be eligible for a ports-issued access license. After Oct. 1, only those trucks which obtain a port access license will be able to enter port facilities. In addition, only trucking firms that obtain an access license will be eligible for a ports-designed truck replacement program, though the ATA suit does not touch on the truck replacement portion of the overall truck plan.

The ATA, which represents more than 37,000 motor carriers nationwide, claims in its suit that the access license component of the ports?truck plan violates federal interstate commerce laws. The port disagrees and believes as local authorities that they have the right to issue such local regulations.

City attorneys for both Long Beach and Los Angeles'n conjunction with two prominent law firms hired by the ports filed the Ex Parte applications for continuance with a Los Angeles federal court last week. The applications ask District Court judge Christina Snyder to postpone a scheduled August 25 injunction hearing to allow the port attorneys more time to build a defense of the nearly 18-month-old truck plan.

Judge Snyder is expected to rule today on the ports request for the delay.

If granted, the ports?request for a delay could extend the actual injunction hearing beyond a Sept. 1 deadline for trucking firms to apply for the access licenses.

The ATA filed a response Wednesday opposing the ports delay request. 

Source: American Shipper