Ports Group Opposes Truck Regulation Overhaul

The American Association of Port Authorities will not join some of its largest members in seeking greater local regulatory authority over harbor trucking.

The AAPA's Legislative Policy Council, at a meeting Monday in Tampa, passed a resolution stating that ports already have sufficient latitude to ban old, polluting trucks from their harbors.

At issue in this debate is an effort by the ports of Los Angeles, Oakland and New York-New Jersey to amend federal preemption authority over interstate commerce to give ports regulatory control over harbor trucking in matters relating to security, congestion and the environment.

Labor, environmental and community organizations want more local control over harbor trucking, with one goal being to make it easier for unions such as the Teamsters to organize harbor truck drivers.

This labor issue is dividing the port industry. The Port of Los Angeles is spending up to $265,000 on lobbying efforts in Washington to convince Congress to support an amendment. Neighboring Long Beach has publicly opposed such efforts.

The AAPA, which represents more than 140 public port authorities, determined it should take a position on the issue. Susan Monteverde, AAPA's vice president of government relations, said the issue boiled down to whether ports should be able to regulate the vehicle or the motor carrier.

Current law allows ports to regulate the vehicle, Monteverde said. Ports such as Los Angeles, Long Beach, Oakland, Seattle, Tacoma, Houston, Virginia and New York-New Jersey that have or are developing clean truck plans and banning old trucks in order to reduce pollution can legally do so.

However, if ports want to follow the Los Angeles model and regulate motor carriers, such as requiring trucking companies to replace independent contractor drivers with employee drivers, a change in the law is required, she said.

Since a port such as Long Beach has proven it can reduce truck pollution by about 80 percent two years ahead of schedule without requiring an amendment, AAPA does not believe it is necessary to engage in a costly and controversial effort to amend the law, Monteverde said.

While not revealing the final vote, she said a majority of the six-member AAPA Legislative Policy Committee voted not to seek an amendment. The committee is authorized to represent the entire organization, so that is now the position of the AAPA, Monteverde said.