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

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

Time is Running Out to Apply for Exclusive HDT Event
Heavy Duty Trucking Exchange connects heavy-duty trucking fleet managers with industry suppliers through one-on-one meetings, small-group discussions, educational sessions, and networking opportunities with both suppliers and other fleet managers.
Read More →
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 →
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 →
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 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 →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 →
Why Fleet Data Matters More Than Ever at Waste Connections [Watch]
Waste Connections' Chuck Palmer explains how telematics, predictive maintenance, safety analytics, and AI help keep vehicles on the road and drivers safe in this episode of HDT Talks Trucking.
Read More →
NMFTA Launches Free, Anonymous Cybersecurity Threat Report Portal
Organizations are encouraged to anonymously report freight fraud, cargo crime, and cyber threats while gaining visibility into incidents reported across the transportation sector.
Read More →
AI Can Optimize a Fleet. Can It Replace Human Judgment?
Fleets fear falling behind if they don’t adopt AI quickly enough. They also fear what happens if the technology makes the wrong decision.
Read More →
Jamie Hagen Gets Real About Running a Small Fleet in an Uncertain Economy
Small fleet owner Jamie Hagen says new legal risks, volatile fuel prices, and a changing freight market are forcing small carriers to rethink how they operate — and what they can afford.
Read More →

