Graves Says ATA Will Fight L.A. Port’s Concession Plans

By Eric Miller, Staff Reporter

This story appears in the Feb. 2 print edition of Transport Topics.

American Trucking Associations will exhaust all legal avenues to fight employee-only concession requirements contained in the Port of Los Angeles’ clean trucks plan, ATA President Bill Graves said.

“We’re going to continue to support and pursue strategies that help clean our environment, but we will also vigorously continue to defend our industry’s right to operate as free of state and local government intrusion as the law does allow,” Graves said during a Jan. 22 speech to the Los Angeles Chamber of Commerce.

“If L.A. and Long Beach have environmental standards that they expect motor carriers to meet in order to do business in the ports, we would suggest that we simply post what those requirements are at the front gate and let the free market decide who gets the job of moving commerce in and out of those ports,” Graves said. “I would imagine that ATA will pursue this as long as we have legal avenues available to us, or until such time as we work out some kind of other arrangement.”

On July 28, ATA filed a lawsuit in federal District Court in Los Angeles, attempting to block the concession requirements of the clean trucks plans of the ports of Los Angeles and Long Beach. Although the Port of Long Beach plan allows independent drayage operators, ATA alleged that both plans violate federal pre-emption statutes that don’t allow state and local governments to enact regulations that interfere with motor carriers’ “rates, routes and services.”

“If we allow those impediments to be approved and go forward in a place like Los Angeles, then where next?” Graves asked.

A federal judge in Los Angeles and the 9th U.S. Circuit Court of Appeals so far have denied preliminary injunctions to block implementation of the two ports’ clean truck plans that went into effect on Oct. 1. But a hearing is scheduled for March 4 with the 9th Circuit Court in response to another appeal filed by ATA.

ATA spokesman Clayton Boyce said there are no current negotiations with the ports over the concession requirements.

Graves said that carriers in California are struggling to keep pace with the policy and regulatory demands including ports clean trucks requirements, the state’s new private fleet rule, mandatory SmartWay technology rules, reefer emissions rules, low-carbon fuel standards, meal break requirements, commercial vehicle idling restrictions, heavy-duty vehicle and smoke inspections, and future cap-and-trade programs.

Graves said he sees “great promise” for the use of compressed natural gas trucks, but only when carriers can be certain that a network of filling stations is developed nationwide.

“Until we have some assurances that there is that network available to us, it’s really hard for longhaul fleets to make a commitment to the tractor,” Graves said.

“There are a number of companies working on other alternative fuel and power options,” he added, “and I think we ought to be careful in attempting to pick a winner in terms of the technology path we’re going to follow.”

Also during his speech, he said ATA this year will present to Congress and the Obama administration an “aggressive and robust” agenda on behalf of the trucking industry.

He said he was disappointed that transportation will not be the cornerstone of the economic stimulus package working its way through Congress.

“Now we find out that, out of an $825 billion stimulus package, there’s probably going to be $30 billion for roads and bridges,” Graves said. “I know that [House Transportation Committee] Chairman Oberstar is incensed by that, and he’s trying to make a case for additional money for infrastructure.”

Graves said some of ATA’s priorities this year, in addition to money for transportation infrastructure, are a national clearinghouse for drug and alcohol testing, a 65 mile-per-hour national speed limit, more emphasis on crash-worthy designs for heavy trucks and several environmental sustainability initiatives.

He also said he doesn’t expect the U.S. Environmental Protection Agency to delay full implementation of its 2010 engine emissions- reduction requirements.

“I think the likelihood of the new administration to in any way back away from the 2010 requirements is very unlikely,” Graves said. “I think our members are firmly committed to where we’re headed with 2010, and I think those suppliers that are planning already on meeting the urea in the exhaust system for 2010 are full steam ahead.”