Post by porkchop on Aug 6, 2009 8:49:37 GMT -5
Trucking Headlines
Oakland port moves on exemption
By Jill Dunn
The Port of Oakland approved a resolution to promote a national goods movement policy, which transportation groups say ultimately will allow an employee-only mandate for its port truckers.
The three-member port commission’s executive committee approved the resolution at a special meeting July 30. The resolution involves a national freight policy for funding and investment in port infrastructure.
It notes the Federal Aviation Administration Authorization Act preempts local or state regulation related to the price, route or service of a motor carrier. The commission plans to ask Congress to use the renewal of the long-term transportation funding act for an FAAAA amendment that would expand federal exemptions to include environmental, security and congestion programs.
Oakland recently approved a program to progressively bar the highest polluting trucks from the port. It does not require that truckers be employees, but program details will be made final in the fall.
The ports of Long Beach and Los Angeles approved similar clean truck programs and have reported success with reducing emissions. Los Angeles mandated its port truckers be employees, but a federal court granted the American Trucking Associations a temporary injunction that halted this requirement. The case goes to trial in December.
ATA and other transport organizations question why an exemption is necessary, as Los Angeles and Long Beach have succeeded in emissions goals without an employee mandate. Also, California and U.S. laws already address environmental, security and congestion issues, they said.
Bill Aboudi, owner of Oakland-based AB Trucking, said it concerned him that at meetings with executive board commissioners, members will not rule out that they would pursue an employee mandate.
Thirty-two transportation organizations, including the Harbor Truckers Sustainable Future and the International Refrigerated Transportation Association, wrote U.S. Rep. James Oberstar, (D-Minn.), house transportation chairman, concerning Oakland’s resolution.
“The effort to undermine federal preemption of interstate commerce is an attempt to overturn losses in the federal courts restricting local regulation of truck drayage services,” the July 27 letter stated.