ATA truckers seek injunction to block clean LA-LB truck scheme

THE American Trucking Associations has requested the US District Court in Los Angeles to enjoin all of the concession requirements imposed by the ports of Los Angeles and Long Beach on motor carriers in their clean truck scheme.

In a filing at the weekend in Los Angeles, the ATA asked the court to enjoin the concession agreements in toto, stating that virtually all of the provisions in the agreements are directed towards administrative efficiency, rather than motor vehicle safety, reports Newark's Journal of Commerce.

Judge Christina Snyder first denied ATA's request for a preliminary injunction last summer, stating that the concession agreements that harbour trucking companies must sign to operate are necessary for safety and security reasons.

The ATA appealed that decision to the US Court of Appeals, which remanded the case back to Judge Snyder on March 20, indicating an injunction against implementation of all or some provisions was appropriate, the report said.

The court found some provisions objectionable, such as the Port of Los Angeles ban on owner operators and restrictions on parking.

The ATA argues that since many provisions are unrelated to safety and security, failure to enjoin in total would leave a small, incongruous jumble of elements that already are either required of motor carriers by federal or state law or enforceable against trucks and drivers.

The ports of Los Angeles and Long Beach must file their written arguments with the court by April 13 and the ATA will have until April 17 to file its response to the ports' comments. Judge Snyder will hear oral arguments from both sides on April 27 in Los Angeles, the report added.

Source: Schednet