A federal court has denied the American Trucking Associations’ request to expedite its appeal in its lawsuit against the Port of Los Angeles.
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 will meet Nov. 22 to consider approval of the 2010 San Pedro Bay Ports Clean Air Action Plan Update. This update sets 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.
Affected tractors are equipped with an automated Eaton UltraShift Plus or Eaton Advantage Transmission with right hand stalk shifter. In the affected trucks, the display on the instrument panel can indicate “N” when the shifter is set into “D” or “R,” causing the truck not to move.