ATA legal challenges to LA/Long Beach “concession plans” – it’s not over yet
October 12, 2008 by SwizStick
Filed under Seafreight
The ATA is still seeking an injunction against the enforcement of the ports’ concession plans that became effective October 1st, as part of the ports’ Clean Truck Programs. The concessions that the ATA, and other industry members, object to are the rules banning owner-operators. This handy article from Logistics Management outlines some of the details in the ATA’s opening brief:
In this opening brief, ATA explained that most of the concession plans’ requirements do not affect safety and the few elements that do repeat the requirements of federal and state laws. ATA also argued that because the concession plans essentially re-regulate interstate trucking, they must be overturned even if some minor elements relate to truck safety.
Additionally, ATA contended that the court erred in its previous finding that motor carriers could avoid irreparable harm by succumbing to the illegal concession plans and seeking damages later. ATA explained that securing individual damages would be difficult if not impossible, and that forcing motor carriers to either accept the illegal terms of the concession plans or stop doing business in the ports was itself irreparable harm.
“It’s important to remember that ATA supports the ports’ clean truck program,” added Boyce. “We endorse and support the replacement of older trucks, but we object to the concession plans’ illegal re-regulation of the trucking industry.”
It will be interesting to see what the courts decide.
Breaking News: Court rules against LA/Long Beach Clean Truck Program | Third Party Logistics News - 3PLwire on Fri, 20th Mar 2009 4:46 pm
[...] ATA legal challendes to LA/Long Beach “concession plans” – it’s not over yet. [...]