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 - LM Editorial

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

Seasonally-adjusted (SA) for-hire truck tonnage in July headed up 1.3 percent on the heels of a 0.8 percent increase in June. The ATA’s not seasonally-adjusted (NSA) index, which represents the change in tonnage actually hauled by fleets before any seasonal adjustment, was 133.3 in July, which outpaced June’s 132.3 by 0.8 percent, and was up 2.8 percent annually.

Volumes for the month of July at the Port of Long Beach (POLB) and the Port of Los Angeles (POLA) were mixed, according to data recently issued by the ports. Unlike May and June, which saw higher than usual seasonal volumes, due to the West Coast port labor situation, July was down as retailers had completed filling inventories for back-to-school shopping.

With a 0.8 cent decrease, this week’s average price per gallon is $3.835 and stands as the lowest price since hitting $3.844 the week of November 25, 2013.

LTL carriers are rapidly investing in expensive, on-dock, three-dimensional size measurement capturing machinery, and they are hoping one day of being able to more accurately charge shippers rates based on the actual dimensions of their shipments, rather than the traditional weight-and-distance-based formula that has been in effect since the 1930s or even earlier.

The Department of Transportation’s Bureau of Transportation Statistics (BTS) recently reported that its Freight Transportation Services Index (TSI) dipped 0.9 percent from May to June.

About the Author

Patrick Burnson, Executive Editor
Patrick Burnson is executive editor for Logistics Management and Supply Chain Management Review. Patrick covers 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. Contact Patrick Burnson

Comments

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


© Copyright 2013 Peerless Media LLC, a division of EH Publishing, Inc • 111 Speen Street, Ste 200, Framingham, MA 01701 USA