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ATA v. Port of L.A., Part 2

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Our three-part blog series on the Port of L.A.�s Clean Truck Program continues today with the background, goals and facts surrounding this controversial initiative. As discussed in the first post, the ATA sued the Port of Los Angeles when they began the new program in 2008, alleging it violated Federal law.

Background

  • California has the dirtiest air in the United States, and diesel trucks cause one third of the smog.
  • The California Air Resource Board (CARB) estimated that drayage truck pollution costs Southern Californians $100 to $590 million in health impact costs each year.
  • CARB estimates the pollution caused by ships, trains and trucks is a factor in 2100 early deaths, 190,000 worker sick days and 360,000 school absences in the areas directly surrounding the Port of L.A.
  • Lawsuits over the emission levels prevented the port from growing for seven years.

 

Clean Truck Program Goals

The Clean Truck Program is designed to have six specific outcomes:

  • Aggressive environmental gains
  • Long-term sustainability
  • Operational safety and security
  • Optimal efficiency
  • Accountability to their communities
  • A more responsible, flexible and administratively manageable system

 

Facts You Should Know

As part of the Clean Truck Program, the Port has invested more than $57 million in upgrading the rigs that serve its container transportation needs. In order to ensure this investment results in measurable pollution reduction, the Program includes stipulations on what trucks are allowed access to the Port. Most of the more-stringent rules affect drayage trucks, rather than long-haul drivers, including:

  • The program prohibits the least fuel-efficient, most-polluting trucks from finding freight at the Port in the following order:
    • In 2009, no pre-1989 trucks were allowed.
    • As of 2010, no pre-1993 trucks are allowed.
    • In 2010, all trucks are required to meet 2007 model year diesel engine emission standards.
    • Carriers must sign and pay for a �concession� license to work at the port.
    • No owner-operators are allowed. All drivers must be employees of companies that have signed the concessionaire agreement.

These regulations are among the most controversial aspects of the Program and a large part of why the ATA filed suit against the Port of L.A. Not only do they believe the Clean Truck Program is not in keeping with Federal law, the ATA also feels the owner-operator ban will interfere with carriers� business models. Although U.S. District Judge Christina Snyder ruled in favor of the Port on August 26, the ATA promises to appeal.

But, like so many things in trucking � and life � the circumstances are more complicated than they initially appear to be.

I�ll wrap up this blog series on Monday with popular opinions, a timeline and implications for change, so you can fully understand how the Clean Truck Program may affect your career.