Post by HardTimeTrucker on Apr 28, 2009 6:06:07 GMT -5
Tentative ruling to block ports' clean truck rules
The Associated Press
April 28, 2009
LOS ANGELES — A federal judge tentatively ruled Monday to temporarily block several requirements of a plan to reduce pollution and pay for new cleaner trucks at the ports of Los Angeles and Long Beach.
The ruling would, among other things, block a requirement that big-rig drivers at the harbor become employees of trucking companies no later than the end of 2012. Judge Christina Snyder said she will issue a final decision later this week on the ports' Clean Trucks Program, which is designed to minimize diesel emissions by banning pre-1989 trucks at the facilities.
The American Trucking Associations filed a lawsuit to stop the hiring requirement, claiming it would eliminate independent owner-operator drivers and replace them with company employees.
Last July, Snyder refused to issue an injunction against the new requirements because of a loophole in federal law that allows states to impose safety requirements on trucks.
Last month, the 9th U.S. Circuit Court of Appeals found the rules had little to do with vehicle safety. The appeals court ruled that a temporary injunction should be granted on the ports' program and remanded the case to District Court.
The truckers argued that the ports cannot require companies to hire drivers as direct employees because it would stop independent owner-operators from working the harbor.
"There's no good reason to kill off the independent trucker except to allow the Teamsters to cut down the number of trucking companies working the ports so they can unionize the drivers more easily," ATA spokesman Clayton Boyce said. "If you want to clean up the port, then ban older trucks that are causing the emissions, not independent owner-operators."
Snyder said that some emissions reduction, safety and security elements of the Clean Trucks Program could stand, but provisions such as the employee driver mandate would have to be argued in court.
Port of Long Beach spokesman Art Wong said the tentative ruling means "we can control access to the port but not what truckers do outside of the port."
An attorney for the Port of Los Angeles did not immediately respond to a request for comment Monday.
The program bans some 16,800 of the oldest, most-polluting rigs and requires all trucks using the ports to meet stringent new vehicle emission regulations.
The Associated Press
April 28, 2009
LOS ANGELES — A federal judge tentatively ruled Monday to temporarily block several requirements of a plan to reduce pollution and pay for new cleaner trucks at the ports of Los Angeles and Long Beach.
The ruling would, among other things, block a requirement that big-rig drivers at the harbor become employees of trucking companies no later than the end of 2012. Judge Christina Snyder said she will issue a final decision later this week on the ports' Clean Trucks Program, which is designed to minimize diesel emissions by banning pre-1989 trucks at the facilities.
The American Trucking Associations filed a lawsuit to stop the hiring requirement, claiming it would eliminate independent owner-operator drivers and replace them with company employees.
Last July, Snyder refused to issue an injunction against the new requirements because of a loophole in federal law that allows states to impose safety requirements on trucks.
Last month, the 9th U.S. Circuit Court of Appeals found the rules had little to do with vehicle safety. The appeals court ruled that a temporary injunction should be granted on the ports' program and remanded the case to District Court.
The truckers argued that the ports cannot require companies to hire drivers as direct employees because it would stop independent owner-operators from working the harbor.
"There's no good reason to kill off the independent trucker except to allow the Teamsters to cut down the number of trucking companies working the ports so they can unionize the drivers more easily," ATA spokesman Clayton Boyce said. "If you want to clean up the port, then ban older trucks that are causing the emissions, not independent owner-operators."
Snyder said that some emissions reduction, safety and security elements of the Clean Trucks Program could stand, but provisions such as the employee driver mandate would have to be argued in court.
Port of Long Beach spokesman Art Wong said the tentative ruling means "we can control access to the port but not what truckers do outside of the port."
An attorney for the Port of Los Angeles did not immediately respond to a request for comment Monday.
The program bans some 16,800 of the oldest, most-polluting rigs and requires all trucks using the ports to meet stringent new vehicle emission regulations.