Post by porttalk on Nov 10, 2008 12:59:44 GMT -5
Florida Shipper
FMC to Seek Changes in LA-Long Beach Truck Plan
11 / 10 / 2008
The Federal Maritime Commission said it would file a complaint with the U.S. District Court in Washington concerning certain elements of the Los Angeles-Long Beach clean-trucks programs that the commission believes could result in a reduction in service and increase in drayage rates in the harbor.
The compliant could lead to a request for a preliminary injunction. The FMC in this matter cannot block elements of the clean-trucks plans under its own authority but instead must ask a U.S. court to provide the injunctive relief.
The action does not seem designed to jettison the entire clean-trucks program, which is designed to reduce truck pollution in LA-Long Beach harbor by 80 percent over the next five years by progressively banning old, polluting trucks.
Rather, in a statement posted on its Web site, the FMC stated that it will ask the court for a "surgical removal of substantially anti-competitive elements" of the clean-trucks plans.
Although the FMC did not list all of the anti-competitive elements it will ask to be removed, it did single out the requirement by the Port of Los Angeles that by 2013 all harbor trucking companies must operate with employee drivers. The Port of Long Beach program, by contrast, allows for owner-operators.
Los Angeles' employee-driver mandate is supported by the Teamsters union because it would make it easier, and legal, for the union to attempt to organize the drivers. The American Trucking Associations opposes the employee-driver mandate and is challenging it in court as an alleged violation of federal pre-emption authority over interstate commerce.
FMC to Seek Changes in LA-Long Beach Truck Plan
11 / 10 / 2008
The Federal Maritime Commission said it would file a complaint with the U.S. District Court in Washington concerning certain elements of the Los Angeles-Long Beach clean-trucks programs that the commission believes could result in a reduction in service and increase in drayage rates in the harbor.
The compliant could lead to a request for a preliminary injunction. The FMC in this matter cannot block elements of the clean-trucks plans under its own authority but instead must ask a U.S. court to provide the injunctive relief.
The action does not seem designed to jettison the entire clean-trucks program, which is designed to reduce truck pollution in LA-Long Beach harbor by 80 percent over the next five years by progressively banning old, polluting trucks.
Rather, in a statement posted on its Web site, the FMC stated that it will ask the court for a "surgical removal of substantially anti-competitive elements" of the clean-trucks plans.
Although the FMC did not list all of the anti-competitive elements it will ask to be removed, it did single out the requirement by the Port of Los Angeles that by 2013 all harbor trucking companies must operate with employee drivers. The Port of Long Beach program, by contrast, allows for owner-operators.
Los Angeles' employee-driver mandate is supported by the Teamsters union because it would make it easier, and legal, for the union to attempt to organize the drivers. The American Trucking Associations opposes the employee-driver mandate and is challenging it in court as an alleged violation of federal pre-emption authority over interstate commerce.