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ATA files response to SoCal ports? defense of truck plan

ATA files response to SoCal portsÆ defense of truck plan

The American Trucking Associations was expected to file its legal response Aug. 29 to the defense offered by the Southern California ports in a federal injunction case over the ports' $2.4 billion trucking re-regulation plan.

   In its filing, ATA alleges the ports' previously filed arguments do not counter that the truck plan imposes regulations on the Southern California drayage industry which in turn violate federal interstate commerce laws.

   The ports of Long Beach and Los Angeles one week earlier submitted arguments to a federal court alleging ATA's request to injunct the trucking plan holds no merit.

   A U.S. District Court judge is to hear verbal arguments on the injunction on Sept. 8. However, both sides were required to file their arguments according to a court ordered schedule.

   ATA's request for an injunction seeks to block the scheduled Oct. 1 implementation of an access license portion of the ports' trucking plan. The injunction is part of a broader ATA lawsuit against the ports and their respective cities filed in federal court on July 28.

   The ports' truck plan seeks to replace or retrofit nearly 17,000 local drayage vehicles with cleaner models through ports-supplied grants, incentives and subsidies to local motor carriers. To be eligible for the port funds and to continue working in the ports after Oct. 1, motor carriers must obtain a ports-mandated access license, called a concession agreement. Motor carrier must submit internal business information and agree to other-ports defined criteria.

   ATA claims, in its lawsuit and injunctions request, that the ports' truck plan violates numerous federal laws including regulation of interstate commerce.

   The association was expected to file its arguments mid-day Friday in the U.S. District Court in Los Angeles.