Post by dieseljockey on Oct 10, 2008 15:28:36 GMT -5
October 10, 2008
ATA carries suit forward to stop port concessionaire program
The American Trucking Association has filed arguments to continue its lawsuit against the Ports of Los Angeles and Long Beach over portions of the ports’ Clean Trucks Programs.
The ATA believes the port programs’ concessionaire provisions violate federally protected interstate commerce. The concessionaire system is a taxi-style system that requires companies to meet a list of requirements before they can access the ports.
The twin ports of Los Angeles and Long Beach each have approved similar versions of a Clean Truck Program, including bans on pre-1989 trucks that took effect Oct. 1, and phase in other older truck engine bans until all trucks are required to meet 2007 emissions standards by 2012.
Each port is requiring most drayage trucks to register and become licensed concessionaires for repeated port entry. The ports also are requiring drivers to show that they’ve at least applied for enrollment in the Transportation Worker Identification Credential program.
Last month, the ATA’s request for an immediate injunction against the Clean Trucks Programs’ concessionaire system was denied by U.S. District Court Judge Christina Snyder, and that ruling was affirmed by the 9th Circuit Court of Appeals just days before the Oct. 1 implementation of the Clean Trucks Programs.
On Wednesday, the ATA carried forward its long-term lawsuit against the ports’ programs by filing a 68-page brief arguing against the program’s concessionaire system. ATA argued that the U.S. District Court ruling in September was in favor of ATA on most of its arguments except safety, and that “only two safety programs identified by the ports are independent of the concession plans.”
The ATA believes Judge Snyder’s ruling that the port’s security argument leaves the door open for a different court to favor ATA’s position, said Clayton Boyce, ATA’s vice president of public affairs.
“Now, it’s up to the courts to prove that there is a valid exemption for safety,” Boyce told Land Line. Our contention is that it’s not, that they’re just using that to hang their hat on to avoid the ruling that their concession plans are illegal.”
Several ATA members recently signed onto the ports’ truck replacement program, and stand to obtain brand new heavy-duty diesel trucks. The $2.2 billion truck replacement program allows licensed concessionaires to obtain subsidies on new trucks equal to 50-80 percent of the cost of a new truck.
Major motor carriers’ enthusiasm over the $2.2 billion doesn’t jibe with their attempts to scuttle the Clean Trucks Program through legal action, said Joe Rajkovacz, OOIDA’s regulatory affairs specialist. Most long haul truckers will not qualify for subsidies.
In addition, some carriers like Swift Transportation Co. and Knight Transportation have reached agreements with the ports to obtain $20,000 per truck for putting existing company-owned trucks into operation at the ports.
“The ATA claims to support the environmental goals of the ports but disagree on how to achieve those goals,” said Rajkovacz. “They have never repudiated the billions of dollars in subsidies being offered by the ports for motor carriers to purchase new, environmentally compliant trucks. It is disingenuous to willingly accept money to subsidize your business model yet squawk when strings are attached.”
Officials at both ports have said they’ll allow long-haulers to make 12 visits to the ports per year, although each visit will cost $100.
OOIDA officials have said they’ll continue to discuss their views with port leaders, including the Association’s concerns that the $100 price is too high.
ATA carries suit forward to stop port concessionaire program
The American Trucking Association has filed arguments to continue its lawsuit against the Ports of Los Angeles and Long Beach over portions of the ports’ Clean Trucks Programs.
The ATA believes the port programs’ concessionaire provisions violate federally protected interstate commerce. The concessionaire system is a taxi-style system that requires companies to meet a list of requirements before they can access the ports.
The twin ports of Los Angeles and Long Beach each have approved similar versions of a Clean Truck Program, including bans on pre-1989 trucks that took effect Oct. 1, and phase in other older truck engine bans until all trucks are required to meet 2007 emissions standards by 2012.
Each port is requiring most drayage trucks to register and become licensed concessionaires for repeated port entry. The ports also are requiring drivers to show that they’ve at least applied for enrollment in the Transportation Worker Identification Credential program.
Last month, the ATA’s request for an immediate injunction against the Clean Trucks Programs’ concessionaire system was denied by U.S. District Court Judge Christina Snyder, and that ruling was affirmed by the 9th Circuit Court of Appeals just days before the Oct. 1 implementation of the Clean Trucks Programs.
On Wednesday, the ATA carried forward its long-term lawsuit against the ports’ programs by filing a 68-page brief arguing against the program’s concessionaire system. ATA argued that the U.S. District Court ruling in September was in favor of ATA on most of its arguments except safety, and that “only two safety programs identified by the ports are independent of the concession plans.”
The ATA believes Judge Snyder’s ruling that the port’s security argument leaves the door open for a different court to favor ATA’s position, said Clayton Boyce, ATA’s vice president of public affairs.
“Now, it’s up to the courts to prove that there is a valid exemption for safety,” Boyce told Land Line. Our contention is that it’s not, that they’re just using that to hang their hat on to avoid the ruling that their concession plans are illegal.”
Several ATA members recently signed onto the ports’ truck replacement program, and stand to obtain brand new heavy-duty diesel trucks. The $2.2 billion truck replacement program allows licensed concessionaires to obtain subsidies on new trucks equal to 50-80 percent of the cost of a new truck.
Major motor carriers’ enthusiasm over the $2.2 billion doesn’t jibe with their attempts to scuttle the Clean Trucks Program through legal action, said Joe Rajkovacz, OOIDA’s regulatory affairs specialist. Most long haul truckers will not qualify for subsidies.
In addition, some carriers like Swift Transportation Co. and Knight Transportation have reached agreements with the ports to obtain $20,000 per truck for putting existing company-owned trucks into operation at the ports.
“The ATA claims to support the environmental goals of the ports but disagree on how to achieve those goals,” said Rajkovacz. “They have never repudiated the billions of dollars in subsidies being offered by the ports for motor carriers to purchase new, environmentally compliant trucks. It is disingenuous to willingly accept money to subsidize your business model yet squawk when strings are attached.”
Officials at both ports have said they’ll allow long-haulers to make 12 visits to the ports per year, although each visit will cost $100.
OOIDA officials have said they’ll continue to discuss their views with port leaders, including the Association’s concerns that the $100 price is too high.