ATA plans Supreme Court appeal of LA port truck rules

   The American Trucking Associations says it plans to appeal a 9th Circuit Court decision that upheld some aspects of the Port of Los Angeles clean truck program. The trade organization said its board decided to seek an appeal earlier this month.
   While the ATA prevailed in overturning the port’s ban on owner-operator draymen, the port retained other aspects of its clean truck plan in a 2-1 decision by the 9th Circuit on Sept. 26.
   These include requirements for carriers to submit financial documents for review by the ports, maintenance, and off-street-parking restrictions.
   ATA said in a brief statement that “allowing those provisions under an expansive view of ‘market participation’ sets bad precedent going forward and would diminish the federal preemptive powers over rates, routes and service that are important across the industry.”
   It said the dissenting opinion in the 9th Circuit’s ruling says the court “misapplied the principle of market participation and that these other provisions should have been overturned. As such, we’re confident that the Supreme Court will accept this case and overturn these provisions and uphold the sanctity of rates, routes and service.”
   In an interview with American Shipper editors, Geraldine Knatz, the executive director of the port, said that the port was “thrilled” that its concession plan for truckers had been upheld, and that it would not appeal the decision.
   She added that the port recently revoked a motor carrier’s license to operate on its property because it was not following the rules.
   “That was worth fighting for because we have an enforceable agreement with the licensed motor carriers and honestly I bounced one that was falsifying VIN numbers and was trying to bring in dirty trucks. It’s not fair to everyone else who makes the investment in the clean trucks” if somebody who is not complying has access to the port.
   Knatz noted that concession agreements will have to be renewed by June 30, 2013. The concessions run for five years and are up at the same time for all motor carriers regardless of when they joined the program.
   The port authority began phasing out the oldest, and most polluting, trucks from the port in October 2008. By the end of the year all trucks entering the port must meet 2007 federal truck emissions standards.
   A few truckers are still paying the $35 per box fee for using non-compliant trucks until the ban kicks in. Knatz said frequent service providers at the port are racking up higher costs over the long run than by modernizing their equipment.
   The concession agreements provoked heated opposition when proposed, but Knatz said terminal operators have come around after seeing how the program has aided them in controlling operations. Some have even asked that more conditions, such as increasing the insurance requirement for motor carriers, be inserted in the next concession agreement, she added.
   The port, in conjunction with private sector partners, is looking at new ways to reduce pollution at the port, including a possible appointment system at terminal gates, Knatz said.  –  Chris Dupin and Eric Kulisch