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Post by eudocker on Oct 30, 2008 20:18:51 GMT -5
Federal Maritime Commission plans suit against Port of L.A. By Art Marroquin Staff Writer 10/30/2008
The Federal Maritime Commission on Wednesday agreed to ask a federal court to block portions of the Clean Trucks Program adopted by the ports of Los Angeles and Long Beach.
In a 2-1 ruling, the three-member panel harshly criticized the ports' provision to require freight haulers to obtain "concession contracts" to access harbor terminals. The FMC said the requirement was anti-competitive and could lead to increased transportation costs and a reduction in service at harbor terminals.
The FMC will also ask the U.S. District Court in Washington, D.C., to block the Port of Los Angeles from requiring freight haulers to hire drivers as employees, which would lead to a gradual ban on independent owner-operator truckers within five years.
The panel ruled that the employee mandate was anti-competitive. The Port of Long Beach did not adopt the employee provision.
The employee-driver provision and concession agreements are part of the ports' Clean Trucks Program, which went into effect on Oct. 1. The FMC gave its blessing to the ports' effort to ban the dirtiest big rigs from the harbor, with a goal to reduce diesel truck emissions by 80 percent within five years.
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