ATA Challenges L.A. Port Regulations, Licensing Scheme

ATA Challenges L.A. Port Regulations, Licensing Scheme This week, the American Trucking Association made arguments before the U.S. Supreme Court challenging the L.A. Port’s “ill-founded attempt… to impose a comprehensive licensing scheme on trucks hauling freight in and out of the Port.”

ATA Deputy Chief Council Richard Pianka said the agency agrees with the 1980 Congress decision to allow the trucking industry to be shaped by the competitive market, not government regulations.

“Congress underscored that desire in 1994 in the Federal Aviation Administration Authorization Act which prohibits state and local governments from enacting or enforcing any ‘law, regulation, or provision having the force and effect of law related to a price, route, or service of any motor carrier,'” Pianka said.

“Despite this, leaders in Los Angeles moved forward with a plan to shape the market for trucking at the Port by imposing a laundry list of regulations that should all be clearly preempted by the FAAAA,” Pianka said.

“If these rules are allowed to stand, it would clear the way for a patchwork of regulations that would lead to unreasonable burdens on the movement of goods.”

The ATA is appealing the decision of a lower court that allowed the port to require trucks entering the port to comply with specific environmental, safety and security requirements.

Some of the proposed rules address truck maintenance, off-stree parking, posted placards, a provision that would require all drivers to be employees of trucking companies.

A decision in the case is likely some time before the Court’s current term ends in June.

 

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