Friday, April 20, 2018

ATA says Court of Appeals ruling keeps ‘status quo’ at Port of L.A.


Friday, February 26, 2010
On the whole, “It’s a non event in that there was almost no change in the status quo” of doing business at the ports, ATA's Clayton Boyce said of the Court's decision.
On the whole, “It’s a non event in that there was almost no change in the status quo” of doing business at the ports, ATA's Clayton Boyce said of the Court's decision.

PASADENA, Calif. — The 9th Circuit Court of Appeals, after lengthy litigation, Feb. 24 denied the American Trucking Associations’ request to expand an injunction against banning owner-operators at the Port of Los Angeles to include eight other concession requirements that have been in effect since October of 2008.

An ATA spokesman called it a “non event.”

ATA in April of last year won an injunction against the Port’s ban of owner-operators and according to ATA, “an injunction against most of the concession plan requirements.”

The District Court judge at that time “enjoined the major parts of the concession plan requirements, like the ban on owner-operators, but did not enjoin the entire concession plan,” said Clayton Boyce, ATA’s vice president of public affairs and press secretary.

“So we went back to the Court of Appeals and asked them to enjoin the rest of the concession plan requirements, would entail banning nine more individual requirements ….”

What the court did allow the injunction to include was the requirement that port drayage trucks have placards on the door, which, said Boyce, “sounds like a small thing” but is a big issue for the industry because hundreds of states or cities would have had to require that interstate trucks carry signs related to each jurisdiction.

On the whole, “It’s a non event in that there was almost no change in the status quo” of doing business at the ports, Boyce said.

“The only change that occurred was a win for us, expanding the injunction to include the placarding requirement.”

ATA had asserted that federal law precludes states and local agencies from requiring motor carriers to display identification other than that required by the Secretary of Transportation and the court agreed, vacating the district court’s order regarding the placard provision.

Dorothy Cox of The Trucker staff may be contacted to comment at dlcox@thetrucker.com.

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