The Port of Los Angeles will enforce all concession requirements in its clean-truck program upheld in a recent ruling by the U.S. Court of Appeals for the 9th Circuit despite a trucking industry plan to take the plan to the Supreme Court.
“The Port of Los Angeles concession agreement is the backbone of our successful clean-truck plan, and we’re confident its provisions, upheld by several lower courts, will continue to be upheld by the Supreme Court,” said Geraldine Knatz, the port’s executive director.
The American Trucking Associations’ executive board this week voted unanimously to appeal the 9th Circuit’s ruling upholding certain provisions covering motor carrier financial responsibility, truck maintenance and off-street parking requirements to the U.S. Supreme Court.
In its Sept. 23 ruling, the 9th Circuit found another Los Angeles concession requirement, its employee-driver mandate, to be illegal. The decision pleased the ATA, which saw it as a requirement that would lead to the unionization of independent contractor drivers at the port.
The 9th Circuit upheld the other concession requirements relating to financial responsibility, maintenance and off-street parking. The basis for that ruling was the port’s argument that it is a market participant and is therefore exempt from federal pre-emption law.
Enforcement of the concession requirements protects the community from dirty, polluting trucks, Knatz said, and protects the majority of motor carriers that are investing in clean trucks.
The port recently terminated the concession of a motor carrier that was operating dirty trucks in the harbor and was avoiding paying the clean-trucks fees by providing false identification documentation to the port’s Drayage Truck Registry, Knatz said.
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