Subscribe to our free, weekly email newsletter!


Port of Los Angeles faces more opposition on drayage issue

In yesterday’s filing with the Harbor Trucking Association, the Intermodal Association of North America joined the National Right to World Legal Defense Foundation, the Center for Constitutional Jurisprudence and the Owner-Operator Independent Drivers Association
By Patrick Burnson, Executive Editor
January 07, 2011

Four organizations have individually filed amicus briefs in support of American Trucking Association (ATA) in its challenge to the Port of Los Angeles Concession Agreement regulations.

In yesterday’s filing with the Harbor Trucking Association, the Intermodal Association of North America joined the National Right to World Legal Defense Foundation, the Center for Constitutional Jurisprudence and the Owner-Operator Independent Drivers Association.

“The briefs support many of the arguments made by ATA in its Ninth Circuit appeal of a District Court decision that found that the port requirements, including the ban on owner-operators, are not subject to federal preemption,” said Curtis Whalen, executive director of the ATA’s Intermodal Motor Carriers Conference.

The lower court found that the challenged requirements were protected from preemption because the port was acting not as a government regulator but as a private market participant when it enacted them.

“The amicus filings championed the rights of the owner-operators who would be driven out of business by the Concession regulations,” said Whalen.

He added that they emphasized the port’s goal to “stifle competition and reshape the drayage market.”

Whalen also noted that the District Court’s application of the market participant exception would give the port free reign to interfere with virtually every aspect of the international commerce moving through it.

The port’s responding brief is due on Jan. 31, 2011 and the ATA reply brief on approximately Feb. 14.  The Court of Appeals has ordered the case calendared for oral argument as soon as possible following the close of the briefing schedule.

In an earlier interview with LM, Whalen observed that both the port and the ATA were eager to “get on with it,” and that it was in the best interest of shippers to have a swift resolution of the issue.

About the Author

image
Patrick Burnson
Executive Editor

Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review magazines and web sites. Patrick is a widely-published writer and editor who has spent most of his career covering international trade, global logistics, and supply chain management. He lives and works in San Francisco, providing readers with a Pacific Rim perspective on industry trends and forecasts. You can reach him directly at .(JavaScript must be enabled to view this email address).


Subscribe to Logistics Management magazine

Subscribe today. It's FREE!
Get timely insider information that you can use to better manage your
entire logistics operation.
Start your FREE subscription today!

Recent Entries

Last week, the United States Department of Transportation took further steps to address various issues identified in recent train accidents involving crude oil and ethanol shipped by rail. The announcement was made by DOT with other DOT agencies, including the Federal Railroad Administration (FRA) and the Pipeline and Hazardous Materials Safety Administration (PHMSA).

Logistics Management Group News Editor Jeff Berman had an opportunity to interview Derek Leathers, President and Chief Operating Officer of Werner Enterprises, at this month's NASSTRAC Shippers Conference and Transportation Expo in Orlando. They discussed various aspects of the truckload market, including prices, fuel, and regulations.

During this webcast our presenters will apply the findings of the 23rd Annual Trends & Issues in Transportation and Logistics Study to the world of shipper-carrier decision making. They'll examine the primary aspects that will influence the future direction for shipper-carrier decision-making.

For February, the month for which most recent data is available, the SCI dropped to -1.0 from January’s 2.6, with FTR explaining that the short term positive impact from one-time adjustments for rapidly dropping diesel prices and the suspension of the 2013 motor carriers hours-of-service expires later this year.

Seasonally-adjusted (SA) for-hire truck tonnage in March was up 1.1 percent on the heels of a revised 2.8 percent (from 3.1 percent) February decline, with the SA index at 133.5 (2000=100). This is off 0.3 percent from the all-time high for the SA of 135.8 from January 2015 and is up 5 percent annually.

Comments

Post a comment
Commenting is not available in this channel entry.


© Copyright 2015 Peerless Media LLC, a division of EH Publishing, Inc • 111 Speen Street, Ste 200, Framingham, MA 01701 USA