Post by HardTimeTrucker on Oct 22, 2008 9:58:56 GMT -5
The JOURNAL of COMMERCE
Justice Dept. Backs Appeal of Port Trucks Plan
October 21, 2008
By Bill Mongelluzzo
The Department of Justice has filed comments with the 9th U.S. Circuit Court of Appeals stating that certain provisions of the Los Angeles-Long Beach clean-air trucking concession requirements are preempted by federal law.
In an amicus curiae brief filed in support of the American Trucking Associations, Justice stated that the U.S. District Court in Los Angeles erred in its ruling in September that the ports are exempt from federal preemption laws in this case.
The ATA sought a preliminary injunction from the District Court to prevent the ports’ clean-air concession requirements from taking effect on Oct. 1. The District Court denied ATA’s request and the trucking association appealed the decision to the 9th Circuit in San Francisco.
Justice, in its brief filed late Monday, said the 9th Circuit should hold that the LA-Long Beach concession requirements fall within the preemptive provisions of federal law and the case should be remanded back to the district court for reconsideration.
Related News: Waterfront employers want FMC to rule on clean trucks
The ports of Los Angeles and Long Beach on Oct. 1 implemented a clean-trucks plan that bans high-polluting pre-1989 trucks from the harbor. The goal of the plan is to reduce truck pollution by 80 percent over the next five years. All industry groups, including the ATA, support that goal.
In order to enforce the clean-trucks plan, however, the ports require that motor carriers sign concession agreements that cover more than a dozen operational issues involving motor carriers. Included are parking restrictions, a maintenance plan for trucks, compliance programs for safety, proof of financial viability and federal Transportation Worker Identification Credentials for drivers.
The Los Angeles plan goes a step further and requires that motor carriers hire drivers as direct employees, a requirement that would phase out all owner-operators over the next five years.
According to the Justice Department, some of the concession requirements constitute direct regulation of motor carrier operations affecting rates, routes and services, and only the federal government can regulate such matters.
The ports claim exemption from federal preemption law since they operate under special tidelands trusts and their requirements are designed to promote motor vehicle safety and national security. The district court upheld the exemptions for safety and security.
Justice charged that the lower court gave an “unduly expansive reading of the motor vehicle safety exception.” Some of the concession requirements are plainly unconnected with safety, Justice stated. The Port of Los Angeles describes its attempt to ban owner-operators as a safety issue, but Justice states the employee driver issue “has no relevance to motor carrier safety.”
The action by the ports constitutes a licensing scheme for motor carriers, and state or local licensing of motor carriers is clearly prohibited by federal preemption statutes, Justice stated.
The ports also claim exemption from federal preemption on the grounds that they are market participants in the procurement of trucking services. Justice said this claim is “meritless” and stated that the ports “do not participate in any relevant market.”
The ports have until Nov. 5 to file their arguments with the 9th Circuit Court.
Justice Dept. Backs Appeal of Port Trucks Plan
October 21, 2008
By Bill Mongelluzzo
The Department of Justice has filed comments with the 9th U.S. Circuit Court of Appeals stating that certain provisions of the Los Angeles-Long Beach clean-air trucking concession requirements are preempted by federal law.
In an amicus curiae brief filed in support of the American Trucking Associations, Justice stated that the U.S. District Court in Los Angeles erred in its ruling in September that the ports are exempt from federal preemption laws in this case.
The ATA sought a preliminary injunction from the District Court to prevent the ports’ clean-air concession requirements from taking effect on Oct. 1. The District Court denied ATA’s request and the trucking association appealed the decision to the 9th Circuit in San Francisco.
Justice, in its brief filed late Monday, said the 9th Circuit should hold that the LA-Long Beach concession requirements fall within the preemptive provisions of federal law and the case should be remanded back to the district court for reconsideration.
Related News: Waterfront employers want FMC to rule on clean trucks
The ports of Los Angeles and Long Beach on Oct. 1 implemented a clean-trucks plan that bans high-polluting pre-1989 trucks from the harbor. The goal of the plan is to reduce truck pollution by 80 percent over the next five years. All industry groups, including the ATA, support that goal.
In order to enforce the clean-trucks plan, however, the ports require that motor carriers sign concession agreements that cover more than a dozen operational issues involving motor carriers. Included are parking restrictions, a maintenance plan for trucks, compliance programs for safety, proof of financial viability and federal Transportation Worker Identification Credentials for drivers.
The Los Angeles plan goes a step further and requires that motor carriers hire drivers as direct employees, a requirement that would phase out all owner-operators over the next five years.
According to the Justice Department, some of the concession requirements constitute direct regulation of motor carrier operations affecting rates, routes and services, and only the federal government can regulate such matters.
The ports claim exemption from federal preemption law since they operate under special tidelands trusts and their requirements are designed to promote motor vehicle safety and national security. The district court upheld the exemptions for safety and security.
Justice charged that the lower court gave an “unduly expansive reading of the motor vehicle safety exception.” Some of the concession requirements are plainly unconnected with safety, Justice stated. The Port of Los Angeles describes its attempt to ban owner-operators as a safety issue, but Justice states the employee driver issue “has no relevance to motor carrier safety.”
The action by the ports constitutes a licensing scheme for motor carriers, and state or local licensing of motor carriers is clearly prohibited by federal preemption statutes, Justice stated.
The ports also claim exemption from federal preemption on the grounds that they are market participants in the procurement of trucking services. Justice said this claim is “meritless” and stated that the ports “do not participate in any relevant market.”
The ports have until Nov. 5 to file their arguments with the 9th Circuit Court.
