Post by HardTimeTrucker on Dec 6, 2008 9:00:22 GMT -5
Quickie: by George Cunningham
Judge Says No Ruling On FMC Clean Truck Case Until 2009
www.cunninghamreport.com/news_item.php?id=630
12/05/2008
Anyone waiting for a ruling on the Federal Maritime Commission's request for a preliminary injunction to stop key portions of the clean truck programs at the ports of Los Angeles and Long Beach will have to wait until next year.
During oral arguments today in Washington, D.C., U.S. District Court Judge Richard J. Leon told attorneys for the FMC and the ports that the matter is too complex - and his caseload is too full - for him to issue a ruling before 2008 is over.
The FMC is asking the court to put the brakes on the phased-in employee-only piece of L.A.'s program and provisions involving truck purchase incentives, fees and obligations - or exemptions from such obligations - that disadvantage independent owner operators providing drayage service to the ports. Those aspects of the program are likely to reduce competition and result in an unreasonable increase transportation costs and reduction in service, the FMC alleged in its original complaint.
Given that the judge took no action today, the clean truck programs remain on track. "Legally, there is nothing preventing the clean truck program from proceeding at this time," said Thomas Russell general counsel for the Port of Los Angeles.
Whether that includes the clean truck fee remains to be seen. Although the tariff requires terminal operators to collect it, they've held off in order to avoid their own problems with the FMC, which has significant regulatory power over them. The question is whether port management will move to enforce the tariff. The fee is set at $35-per-twenty foot container and $70 for longer containers.
The fee is currently under 45-day review by the FMC, which expires on Dec. 17. Terminal operators and port executives are expected to meet sometime next week to review where they are and what the next steps will be.
Judge Leon has given the parties until Dec. 17 to file supplemental briefs limited to 20 pages. No new evidence or declarations will be allowed.
FMC attorneys argued that truckers already are suffering irreparable harm from the program. Attorneys for the ports argued there is no evidence the clean truck programs are creating any of the problems the FMC is alleging.
The ports kick off their clean truck programs Oct. 1 with a progressive ban on pre-1989 trucks and a requirement for all trucking companies doing business with both ports and all licensed motor carriers doing business with the L.A. port to sign up for concessions. That the L.A. port's program requires LMCs to gradually use employee-only drivers and bars independent owner operators from obtaining concessions are key issues identified in the FMC's complaint.
The Coalition for Clean and Safe Ports - a labor-community group - issued a statement urging the Bush Administration to drop the case.
-- The Cunningham Report
Judge Says No Ruling On FMC Clean Truck Case Until 2009
www.cunninghamreport.com/news_item.php?id=630
12/05/2008
Anyone waiting for a ruling on the Federal Maritime Commission's request for a preliminary injunction to stop key portions of the clean truck programs at the ports of Los Angeles and Long Beach will have to wait until next year.
During oral arguments today in Washington, D.C., U.S. District Court Judge Richard J. Leon told attorneys for the FMC and the ports that the matter is too complex - and his caseload is too full - for him to issue a ruling before 2008 is over.
The FMC is asking the court to put the brakes on the phased-in employee-only piece of L.A.'s program and provisions involving truck purchase incentives, fees and obligations - or exemptions from such obligations - that disadvantage independent owner operators providing drayage service to the ports. Those aspects of the program are likely to reduce competition and result in an unreasonable increase transportation costs and reduction in service, the FMC alleged in its original complaint.
Given that the judge took no action today, the clean truck programs remain on track. "Legally, there is nothing preventing the clean truck program from proceeding at this time," said Thomas Russell general counsel for the Port of Los Angeles.
Whether that includes the clean truck fee remains to be seen. Although the tariff requires terminal operators to collect it, they've held off in order to avoid their own problems with the FMC, which has significant regulatory power over them. The question is whether port management will move to enforce the tariff. The fee is set at $35-per-twenty foot container and $70 for longer containers.
The fee is currently under 45-day review by the FMC, which expires on Dec. 17. Terminal operators and port executives are expected to meet sometime next week to review where they are and what the next steps will be.
Judge Leon has given the parties until Dec. 17 to file supplemental briefs limited to 20 pages. No new evidence or declarations will be allowed.
FMC attorneys argued that truckers already are suffering irreparable harm from the program. Attorneys for the ports argued there is no evidence the clean truck programs are creating any of the problems the FMC is alleging.
The ports kick off their clean truck programs Oct. 1 with a progressive ban on pre-1989 trucks and a requirement for all trucking companies doing business with both ports and all licensed motor carriers doing business with the L.A. port to sign up for concessions. That the L.A. port's program requires LMCs to gradually use employee-only drivers and bars independent owner operators from obtaining concessions are key issues identified in the FMC's complaint.
The Coalition for Clean and Safe Ports - a labor-community group - issued a statement urging the Bush Administration to drop the case.
-- The Cunningham Report