AMERICAN TRUCKING ASSOCIATIONS

Arlington, Va. –  On April 29 Judge Christina Snyder of the U.S. District Court for the Central District of California, following her tentative ruling of April 27, 2009 issued a final Order immediately enjoining the principal elements of the Ports of Long Beach and Los Angeles’ Concession Plans.

“We welcome Judge Snyder’s final decision,” said Curtis Whalen, Executive Director of the Intermodal Motor Carrier Conference (IMCC) of the American Trucking Associations (ATA).

In the ruling, Judge Snyder enjoined seven concession requirements that would illegally regulate interstate commerce at the Ports of Long Beach and Los Angeles:

1. The employee mandate that banned independent owner-operators
    from the Port of Los Angeles;
2. The driver hiring preferences of both plans;
3. The motor carrier financial capability requirements of both plans;
4. The driver health insurance mandate of the Long Beach plan;
5. The designated routes and parking restrictions of both plans;
6. The contractual tie-in of the clean truck tariffs mandated by both plans; and
7. The concession fees of both plans.

Enjoining these concessions came after a three-judge panel of the U.S. Court of Appeals for the Ninth District unanimously ruled in favor of ATA on March 20 and remanded the case to the U.S. District Court, indicating that the judge should grant ATA an injunction against all or part of the Concession Plans.

“The Court of Appeals’ decision made very clear that ATA never opposed any of the environmental goals of the Ports’ Clean Trucks Plan, just components that illegally regulated the drayage industry at the Ports,” Robert Digges Jr., ATA Vice President and Chief Counsel.

ATA has always supported the retirement of older dirty diesel trucks from the ports along with the container fee that assists in the transition. Enjoining these concession plans will not affect the goals of the Clean Trucks Program.

Access Judge's final order here.

The American Trucking Associations is the largest national trade association for the trucking industry. Through a federation of other trucking groups, industry-related conferences, and its 50 affiliated state trucking associations, ATA represents more than 37,000 members covering every type of motor carrier in the United States.