Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

ATA Files Appeal of LA Port Decision

The American Trucking Associations has filed formal notice that it is appealing last month's ruling declaring the banning of owner-operators at the Port of Los Angeles legal

by Staff
September 17, 2010
ATA Files Appeal of LA Port Decision

 

3 min to read


The American Trucking Associations has filed formal notice that it is appealing last month's ruling declaring the banning of owner-operators at the Port of Los Angeles legal.



According to ATA publication Transport Topics, in its notice filed with the San Francisco-based 9th U.S. Circuit Court of Appeals, ATA said its primary ground for appeal will center on Los Angeles U.S. District Court Judge Christina Snyder's "error of law" in ruling that the port could ban independent drayage operators because it was acting as a "market participant" and not as a regulator in implementing its diesel emissions plan.

ATA also said it will likely call for an "expedited" stay by the court to block the port from moving forward with its clean trucks plan if the court agrees to hear the appeal.

As Truckinginfo reported 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.

The Port of Los Angeles, noting that with the decision put the majority of the port's fleets out of compliance with their concession agreements, said its staff will recommend to the Los Angeles Board of Harbor Commissioners an adjusted schedule for implementation of certain provisions of the concession agreement that were previously enjoined by the federal court.

Port staff will recommend approval of an adjustment for the phased-in schedule dates for Licensed Motor Carrier (LMC) compliance with the employee driver requirement, job referral services requirement and the off-street parking requirement:

* 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

As local LA reporter Keith Higginbotham writes on the Long Beach Post's website, "The ruling and the legal basis behind it were greeted with surprise by many in the transportation industry because both Judge Snyder and the Ninth Circuit had previously dismissed the 'market participation' argument."

Higginbotham, who previously was the West Coast editor for the trade magazine American Shipper, wrote that "many members of the industry who followed the case had expected Judge Snyder to uphold certain previously-blocked portions of the truck plan, including an access license scheme that would require truckers to adhere to various port-defined criteria to obtain port access. However, the conventional wisdom was that the judge would also strike down the most contentious of those criteria--a requirement that trucking firms servicing the port only hire per-hour employee drivers."

The port's concession program, and especially this provision, is a matter of deep concern to trucking and shipping interests not just in California but around the country.

The program has by all accounts done a good job of cleaning up truck engine emissions in and around the port, but it includes provisions that restrict trucking operations, including one that would ban owner-operators from providing drayage service and require all drivers to be employees of companies. This alarms carriers and shippers because it would open the door for unionization of port drivers. And the Teamsters union has made no secret of its desire to unionize drayage drivers at LA and other ports around the country.


More Fleet Management

Geotab screen on AI concept background
Fleet ManagementJune 17, 2026

What Geotab's New AI Connector Means for Fleets

Fleets can now ask their usual AI assistants questions about maintenance, safety, fuel use, and vehicle performance, using their live Geotab data, and take action on the answers without leaving their preferred AI tool.

Read More →
Image of computer screen with BidBoardX interface

New C.H. Robinson Tool Opens Door to More Predictable Freight

BidBoardX lets carriers search, bid on, and secure committed freight opportunities through a single digital marketplace.

Read More →
Amazon electric cargo bike on New York City street
Fleet ManagementJune 15, 2026

New York City's Microhub Project is Delivering Results

Trucking, last-mile delivery companies, and environmental advocates like what they are seeing so far with New York's microhub program.

Read More →
Ad Loading...
Illustration of hourglass and trucks backed up to a dock
DriversJune 15, 2026

Why Truck Detention Keeps Costing Fleets Time and Money

A 2024 ATRI study found detention affects nearly 40% of truckload stops and costs the industry more than $15 billion annually. Despite the toll on drivers, fleets, and supply chains, the problem remains stubbornly persistent.

Read More →
Panel discussion
Fleet Managementby Deborah LockridgeJune 12, 2026

Time is Running Out to Apply for Exclusive HDT Event

Heavy Duty Trucking Exchange brings fleet managers and suppliers together for the deeper conversations that lead to ideas, partnerships, and solutions. Time is running out to apply for the September event.

Read More →
Empty trailer with worker loading a pallet of cargo
Fleet ManagementJune 10, 2026

Amazon Launches Less-Than-Truckload Freight Offering for All Businesses   

This launch is the latest addition to Amazon Supply Chain Services, a portfolio of supply chain capabilities from Amazon, including freight, distribution, fulfillment, and parcel shipping.

Read More →
Ad Loading...
Stacks of intermodal containers at port with truck driving between them

Import Cargo Volume to See Year-Over-Year Gain Again in June, Then Remain Below 2025 Levels Into Fall

After July, the report predicts a weakening in import volume as consumer uncertainty remains high and the impact of increasing inflation takes its toll.

Read More →
Equity Interest Auction
SponsoredJune 8, 2026

AUCTION OF EQUITY INTEREST IN HEAVY HAUL TRUCKING COMPANY!!

Mark your calendar: June 30, 2026 (10:00 a.m. PDT). A 37.5% ownership interest in MagnaTrans, LLC, a California limited liability company doing business as Magna Transportation Group, will be sold in an in-person and online auction to the highest bidder or bidders under Article 9 of the Uniform Commercial Code. The Rancho Cucamonga-based heavy haul and over-dimensional trucking company operates across California, Oregon, and Arizona.

Read More →
Volvo OTA updates.

Volvo Trucks Adds Unattended Over-the-Air Software Update Capabilities

The latest evolution of Volvo’s over-the-air update technology allows software updates to run while trucks are parked, helping fleets keep vehicles current without disrupting operations.

Read More →
Ad Loading...
Podcast thumbnail illustration
Fleet ManagementJune 4, 2026

How Waste Connections is Using Data, Telematics, and AI

How do you manage and maintain more than 18,000 connected trucks? Data. Lots of it.

Read More →