Los Angeles port driver rule on hold
A federal judge has issued a temporary injunction preventing the Port of Los Angeles from implementing its driver employee requirement, but allowing enforcement of its off-street parking provision.
On Oct. 25, the American Trucking Associations won its request for the preliminary injunction, pending appeal, regarding the mandate that truckers regularly serving the port be carrier employees, rather than owner-operators.
In granting the injunction, Judge Christina Snyder, for the U.S. Central District of California, said the case “presents serious legal questions concerning the market participant doctrine.” In her earlier ruling, she concluded federal law allows a market exemption if the port’s actions are considered that of a business proprietor, not as a regulator. She determined the port is a proprietor.
In its request for an appeal in the 9th U.S. Circuit Court of Appeals, ATA argued Snyder had made legal errors, including not permitting discovery and introduction of certain evidence.
Snyder’s Sept. 10 final judgment dissolved the previous preliminary injunction, which had prevented the port from fully enforcing its Clean Truck Program rules.
The Los Angeles Harbor Commission is allowing additional time for compliance with the transition to employee drivers, hiring preferences and off-street parking requirements.
Out-of-state and licensed motor carriers not having a concession agreement with the port are permitted up to 24 day passes annually.
Many ports nationwide have said they want to adopt the Los Angeles port model.
— Jill Dunn
U.S. 93 near dam expected to reopen
The Arizona Department of Transportation may have completed building the last 15 miles of U.S. 93 south of the Hoover Dam by late November. Minor construction will go on off the roadway through December’s end.
The $71.3 million project includes three wildlife overpasses.
— Staff reports
Agency orders fleet to install recorders
On Nov. 4, the Federal Motor Carrier Safety Administration announced it had ordered JBS Carriers of Greeley, Colo., to put electronic onboard recorders on its more than 700 trucks by March.