FMC Seeks to Block Clean-Trucks Plan

[vatruckinagnt]

You owner-operator truckers should be writing letters to the FMC to stop this plan before they bring it here.


Traffic World

FMC Seeks to Block Clean-Trucks Plan

11 / 20 / 2008
By Bill Mongelluzzo

The U.S. District Court in Washington will hear arguments Dec. 5 by the Federal Maritime Commission and the ports of Los Angeles and Long Beach on the FMC's request to block certain portions of the ports' clean-trucks program.

The FMC in a filing is seeking a preliminary injunction against those portions of the clean-truck concession plans that the commission believes will restrict trucking competition and result in an unreasonable increase in freight rates at the busiest U.S. container import gateway.

Specifically, the FMC in its filing Monday asked the court to restrain the Port of Los Angeles from taking further action on its requirement that only licensed motor carriers with employee drivers be allowed to operate at the port. Long Beach does not have an employee driver mandate.

Also, the commission asked the court to enjoin both ports from establishing truck purchase incentives and subsidies for some motor carriers but not for certain classes of operators.

Likewise, the FMC is seeking to prevent the ports from charging clean-truck fees for some operators but also establishing exemptions from those fees for certain operators.

The court announced the hearing date on Tuesday. The FMC in October announced its intention to seek a preliminary injunction. Since then, the commission has reached out to the ports in an effort to get them to change the objectionable provisions and therefore avoid court action. Apparently unable to reach agreement with the ports, the commission filed a motion for injunctive relief with the court.

The ports delayed collection of the clean-truck fee, which was scheduled to begin on Nov. 17. It is not certain when importers and exporters will have to begin paying the fee.

Los Angeles responded to the FMC action by charging that it strikes at the heart of the port's ability to reduce harmful pollution from harbor trucks. On Oct. 1, all pre-1989 trucks were banned from the harbor and since then more than 2,000 new, low-emission trucks entered service, the port stated.

"This action further demonstrates the FMC's fundamental misunderstanding of the ports' clean-trucks program and underscores the inappropriateness of the FMC's attempts to intervene and block programs that are outside of its expertise or jurisdiction," the Port of Los Angeles stated in a press release.

[willmingtontrucker]

We called them in DC to let them know our feelings. The lady took down what each driver had to say. She said she would pass it on to the commissioners. This is a good thing for every driver to do before Dec 5.

[tidewaterhustler]

I fired off an email to the Maritime Commission when I first saw this posted. If each driver had done the same they would have received thousands by now. No most will just complain once our rights have been eliminated

[shortcircut]

maybe I am misunderstanding what has been written and being said, but, it seems to me that the FMC is trying to block things to keep things fair, so that the owner operator can stay as just that .
The current plan ( the copy I have) states the Calif. wants to phase out all operators over a set period, the drivers who want to own trucks , must by 2005 trucks or newer because of emission controls, and that ONLY certain Companies will be given "Container Authority" , so the Ports can control the number of Companies that can pull these cans from the piers.

[truckerusa]

A few sites to check out;

Can you believe this, the American Trucking Association fighting for the rights of owner/operators? Oh, they have their own agenda to keep the broken system like it is but guess what? That's still better than giving up the right of ownership in America like these wacko's below want to happen.

www.planningreport.com/tpr/?module=displaystory&story_id=1327&format=html



This Miami trucker said change-to-win can go f#@k thyself after he found out what they really were up to in their program to get rid of the Miami owner/operator trucker..

www.changetowin.org/no_cache/workers-voices/make-work-pay-stories/workers-stories-sandro-lerro.html?sword_list%5B%5D=lerro



Here is the CWT creation--the green coalition group--to carry out their work under the heading of cleaning the air we breath at the ports. Their goal here is gaining public trust, support and applying that pressure with the port authority blaming air pollution on the owner/operator trucker. (couldn't possibly be the long lines we are held hostage in right?) That's right , let's do away with our truck ownership rights in America. Why you ask? Oh sorry but this green movement is not about the environment color green, it's this color green$$$$

There whole campaign has been all about control of the port transportation industry no matter what. It's what's all good for them not the trucker. This is all about membership, numbers, dues, promotions, leadership advancement, f#@k you & I..

Why you ask, don't they like drivers who own trucks?

Because they figure owner/operators are a lot harder to organize as a group than company drivers. Oh, we also own our own tools (trucks). This would make the contract more complicated for them to deal with. Actually under their current port plan you and I could collective bargain as an employee-lease/operator if we chose but maybe they would rather persuade company drivers to accept a substandard agreement or sweetheart deal with a company like Swift the elite carrier. You know, the one with the impressive safety record & high standards or work ethics.. The giant motor carrier that continues to get unfairly busted by federal agents for illegals behind the wheel with falsified driver licenses & such!

www.cleanandsafeports.org/

The Clean&Safe Ports Coalition considers them self the spokesperson for the owner/operator trucker. They inform the public that we each want to give up our right to truck ownership & just drive a new company truck. That's amazing because this group has convinced the ports in California that they know what is best for everyone.

The ports authority was easy because they want no trouble with the green coalition group or bad public media at this time ( and the CTW group also has the LA mayor in their hip pocket with huge campaign contributions) when they have millions tied up in unfinished construction projects due to environmental issues. Why, you don't imagine there is some behind the door trading going on here do you? Our plan and we'll back off attacks on your expansion plan? How about just blaming all the pollution on poor maintenance by the horrible owner/operator instead of any possible slackness of the port loading system?

Yes, everyone better start writing this week to the FMC commissioners explaining we want to preserve our rights to individual truck ownership in America. The other critical issue is the ports without any testing procedure have banned specific truck year models. If this port clean truck plan was clearly about clean air the plan should include a fair emission testing procedure on every truck working the port not discrimination or a continued unfair burden placed upon an owner/operator trucker because he owns a particular brand make or year model. That is simple math to test everyone. Issue decals to the trucks that pass for them to do the work. Any other way is discrimination practiced against the owner/truckers rights.

[pinlock]

I don't really care what the OOC group here has in mind but I will be writing a letter to the FMC tomorrow with my own thoughts. This is incredible what these people are doing. I am with you about this. If that plan succeeds on the left coast they will move that garbage here to Virginia.

[TWard]

The FMC goes into court next week Dec 5th.