Port of LA Revises Schedule for Clean Truck Program Concessions
September 28, 2010
The Los Angeles Harbor Commission Monday agreed on a new implementation schedule for the provisions of its Clean Truck Program Concession Agreement that had been enjoined by the federal court.
Trucks entering terminal gate at Port of Los Angeles. No owner-operator will be allowed by t he end of 2013.
The American Trucking Associations had challenged the port's Clean Truck Program in court.
But late last month, Judge Christina A. Snyder of the U.S. District Court for the Central District of California found that the concession program is legal
because the port is a private business and is thus exempt from the law that says only the federal government has the authority to regulate trucking business operations.
ATA Friday filed an appeal of the decision and asked for an injunction.
The LA Harbor Commission approved an change in the dates for motor carriers to comply with the requirement that all port drivers be employees rather than owner-operators, as well as the job referral services requirement and the off-street parking requirement. The change was necessary because last year, a just blocked the challenged elements of the Clean Truck Program. With the lifting of that injunction last month, many carriers are not in violation of the original concession agreements.
The schedule for the transition toward using only employee drivers for LA marine terminal calls was adjusted over the next two years as follows:
* 0% gate moves by employee drivers by December 31, 2010
* 20% gate moves by employee drivers by December 31, 2011
* 66% gate moves by employee drivers by December 31, 2012
* 100% gate moves by employee drivers by December 31, 2013