US port trucking trial tests authority

A trial currently taking place in California could set an uncomfortable precedent for US port trucking, deciding whether or not a local agency – in this case the Port of Los Angeles – has the authority to regulate trucking for vehicles servicing its facilities.

Port Strategy: Independent truckers are aggrieved by the Port's plans. Credit: Port of Los Angeles

The federal trial, which began last week, sees the American Trucking Associations (ATA) questioning a portion of LA’s Clean Truck Program which requires all drivers that service the port to be company employees by 2012. ATA claims that this violates constitutionally protected interstate commerce.

Currently, most drivers working in the port are independent owner-operators, paid by the load.

Said a representative for the ATA: “The trucking industry supports the Port of Los Angeles Clean Truck Program and challenges only the requirements of its concession plan that are unrelated to cleaning the air.”

Originally, ATA’s suit was filed against both the ports of Los Angeles and Long Beach, however the complaint against Long Beach was dropped after the two parties settled out of court.