On Nov. 4, the 9th U.S. Circuit Court of Appeals rejected the association’s motion, which the port did not contest. It commented appeals are expedited only if otherwise, irreparable harm will result or the case would become moot.
Judge Christina Snyder, for the U.S. Central District of California, granted the ATA’s motion for a temporary injunction Oct. 25, preventing the port from implementing its driver employee requirement. The port’s plan would require all truckers regularly serving the port be employees, rather than owner-operators.
However, the port will continue to enforce its off-street parking provision. Many ports nationwide have said they want to adopt the Los Angeles port model.
Meanwhile, commissioners for the Los Angeles port and its sister port of Long Beach met Nov. 22 to consider approval of the 2010 San Pedro Bay Ports Clean Air Action Plan Update. This update set more aggressive goals and strategies for reducing air pollution and health risks from the goods transportation industry.
The harbor commissions met on Oct. 6 to consider this modified version of the 2006 plan and the boards voted to continue the matter to allow for additional public review.
Agency Changing CSA Cargo Scoring
The Federal Motor Carrier Safety Administration announced in late November it planned to withhold carrier scores in the Cargo-Related Behavior Analysis and Safety Improvement Category (BASIC) from public view when the Comprehensive Safety Analysis 2010 Safety Measurement System is fully implemented.
FMCSA is recalibrating the BASIC by adjusting the cargo securement violation severity weightings based on comments from experts. The decision to withhold percentile ranking and intervention status stemmed from a need to make certain that the weightings were appropriately identifying carriers with safety risks. Industry groups have protested that this BASIC unfairly elevated exposure and targeted specific segments, namely flatbed carriers.
The American Trucking Associations supported the move. “ATA continues to support the objectives of CSA 2010 … and we are pleased with the Agency’s decision to continue working on its Cargo-Related BASIC to get it right before it’s made public,” ATA President and CEO Bill Graves said.
FMCSA is also analyzing the impact on the different industry segments of a carrier’s exposure in this BASIC. During this analysis period, the BASIC results will continue to be used for intervention prioritization by enforcement personnel. Accordingly, percentile rankings and intervention status will be accessible to the FMCSA enforcement community and motor carriers only.
FMCSA also plans to modify the presentation of BASIC results in the following three areas:
• Change of the term “Deficient” to “Alert” when a motor carrier’s score in one or more BASICs is above the FMCSA threshold for intervention.