Post by HardTimeTrucker on Apr 27, 2009 16:09:11 GMT -5
Court Grants ATA’s Clean-Trucks Injunction
Bill Mongelluzzo
Apr 27, 2009
LA-LB cannot require employee drivers, enforce parking rules
The ports of Los Angeles and Long Beach can continue to require that motor carriers sign concession agreements in order to operate in the harbor, but a federal court ruled that the ports can not require the use of employee drivers or enforce off-street parking requirements as part of their clean-trucks programs.
U.S. District Court Judge Christina A. Snyder on April 27 granted the American Trucking Associations the preliminary injunction it was seeking regarding some of the concession requirements which ATA charges violate federal pre-emption statutes.
However, Judge Snyder also granted certain requests of the ports by refusing to enjoin the concession programs in their entirety. Those requirements that further the causes of truck safety and port security will be allowed to stand, at least until the case is heard on its merits later this year.
In reaching her decision, Judge Snyder followed closely the opinion of the U.S. Court of Appeals for the 9th Circuit, which on March 20 stated that certain provisions in the Los Angeles-Long Beach clean-trucks programs violate federal pre-emption statutes regarding the regulation of interstate commerce.
Judge Snyder's ruling on Monday was preliminary. After hearing oral arguments from both sides, she said she would issue her final ruling, probably by the end of the week.
Monday's decision is considered a victory for the ATA because one of its primary arguments involving the clean-trucks programs is that a port can not require that harbor trucking companies hire drivers as direct employees.
The employee-driver mandate was promoted by the Teamsters Union, which is attempting to organize harbor truckers nationwide. Under the current model in effect at most ports, drivers are owner-operators. Unions by law are prohibited from organizing independent contractors, but they may organize employees.
The trucking concession contracts that Los Angeles and Long Beach require contain a number of provisions. Judge Snyder granted a preliminary injunction against seven of those requirements that she said have no relation to motor carrier safety or port security.
In addition to the employee driver mandate, Judge Snyder enjoined concession provisions that would give preference to existing drivers and would require that motor carriers prove to the ports that they have financial capability of operating in the harbor.
The order enjoins other provisions in the concession requirements, including a requirement that motor carriers provide off-street parking for trucks.
The ports are also enjoined from charging application fees and annual per-truck fees to motor carriers that sign up for the ports' Drayage Truck Registry. That point generated quite a bit of discussion at Monday's hearing. It is uncertain what level of fees are needed to cover the ports' out-of-pocket expenses for enforcing safety requirements. That issue will most likely be addressed when the case is heard on its merits.
The ports will, however, be allowed to enforce eight additional requirements contained in the concession agreements. Those requirements deal primarily with truck safety and port security, such as requiring maintenance programs for vehicles and driver credentials under the federal Transportation Worker Identification Credential program.
Contact Bill Mongelluzzo at bmongelluzzo@joc.com .
Bill Mongelluzzo
Apr 27, 2009
LA-LB cannot require employee drivers, enforce parking rules
The ports of Los Angeles and Long Beach can continue to require that motor carriers sign concession agreements in order to operate in the harbor, but a federal court ruled that the ports can not require the use of employee drivers or enforce off-street parking requirements as part of their clean-trucks programs.
U.S. District Court Judge Christina A. Snyder on April 27 granted the American Trucking Associations the preliminary injunction it was seeking regarding some of the concession requirements which ATA charges violate federal pre-emption statutes.
However, Judge Snyder also granted certain requests of the ports by refusing to enjoin the concession programs in their entirety. Those requirements that further the causes of truck safety and port security will be allowed to stand, at least until the case is heard on its merits later this year.
In reaching her decision, Judge Snyder followed closely the opinion of the U.S. Court of Appeals for the 9th Circuit, which on March 20 stated that certain provisions in the Los Angeles-Long Beach clean-trucks programs violate federal pre-emption statutes regarding the regulation of interstate commerce.
Judge Snyder's ruling on Monday was preliminary. After hearing oral arguments from both sides, she said she would issue her final ruling, probably by the end of the week.
Monday's decision is considered a victory for the ATA because one of its primary arguments involving the clean-trucks programs is that a port can not require that harbor trucking companies hire drivers as direct employees.
The employee-driver mandate was promoted by the Teamsters Union, which is attempting to organize harbor truckers nationwide. Under the current model in effect at most ports, drivers are owner-operators. Unions by law are prohibited from organizing independent contractors, but they may organize employees.
The trucking concession contracts that Los Angeles and Long Beach require contain a number of provisions. Judge Snyder granted a preliminary injunction against seven of those requirements that she said have no relation to motor carrier safety or port security.
In addition to the employee driver mandate, Judge Snyder enjoined concession provisions that would give preference to existing drivers and would require that motor carriers prove to the ports that they have financial capability of operating in the harbor.
The order enjoins other provisions in the concession requirements, including a requirement that motor carriers provide off-street parking for trucks.
The ports are also enjoined from charging application fees and annual per-truck fees to motor carriers that sign up for the ports' Drayage Truck Registry. That point generated quite a bit of discussion at Monday's hearing. It is uncertain what level of fees are needed to cover the ports' out-of-pocket expenses for enforcing safety requirements. That issue will most likely be addressed when the case is heard on its merits.
The ports will, however, be allowed to enforce eight additional requirements contained in the concession agreements. Those requirements deal primarily with truck safety and port security, such as requiring maintenance programs for vehicles and driver credentials under the federal Transportation Worker Identification Credential program.
Contact Bill Mongelluzzo at bmongelluzzo@joc.com .