Supreme Court says Port of LA can’t require placards, parking plans

| June 13, 2013

LA portThe Supreme Court June 13 ruled that the Port of Los Angeles can’t require trucks entering the port to display special placards nor make trucking companies submit off-street parking plans for trucks not in service.

The case was brought against the court by the American Trucking Associations and was heard by the court April 18. ATA sued the port over its Clean Trucks Program, which made trucking companies sign concessionaire agreements to display the placards and submit the parking plans, citing the 1994 Federal Aviation Administration Authorization Act that prohibits state and local governments from creating or enforcing laws that may effect “price, route or service of any motor carrier.”

Bill Graves, ATA’s president and CEO, said he was happy with the decision, saying that he hopes the decision “sends a signal” to other cities considering programs like the LA port’s. “Our position has always been that the port’s attempt to regulate drayage operators – in ways that had nothing to do with its efforts to improve air quality at the port – was inconsistent with Congress’ command that the trucking industry be shaped by market forces, rather than an incompatible patchwork of state and local regulations,” Graves said.

Overdrive sister site CCJ has more on the story. Click here to see it.

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  • Rusty Bucket

    citing the 1994 Federal Aviation Administration Authorization Act that prohibits state and local governments from creating or enforcing laws that may effect “price, route or service of any motor carrier.”….Then WHY can California enforce CARB rules that prohibit a non complying CARB truck from running thru CA i e Reno to Portland for example?

  • me

    The problem is that CARB hasn’t been enforce fully to the point that there can be a court case in federal court. Even if the case ends up in the 9th distric court, which favor’s california, the question goes way beyond the ’94 FAA authorization act and to the heart of the commerce clause of the constitution which mandates the feds to be the only one allowed to regulate interstate commerce, not a state – only the supreme court can decide it. California CARB oversteps it’s limits by telling an out of state registered truck that they have to comply with standards that are beyond the home state’s standards and in effect is limiting access to the markets from the state that the truck is coming from.

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