Expert Witness Blog
Trucking industry expert witnesses may opine on trucking and transportation rules and regulations and federal motor vehicle safety standards, as well as related issues. Here, experts at Truckinginfo.com report:
The U.S. District Court upheld the legality of controversial parts of the Port of Los Angeles’ Clean Truck Program yesterday, which could open up the port truck drivers to unionization. But observers say there will likely be an appeal.
Last year, District Judge Christina Snyder granted the American Trucking Associations a preliminary injunction against certain concessions, including a ban on owner-operators at the port. While the ATA does support the Clean Truck Program’s environmental goals, the association argued that the concession plan imposes operational requirements that create a regulatory environment similar to state intrastate economic regulation and is thus against federal law.
After hearing arguments earlier this year, Snyder Thursday ruled that although federal law prohibits state and local entities from regulating the rates, routes and services of motor carriers engaged in interstate commerce, the Port of Los Angeles can mandate certain requirements on truckers under a “market participant” exception to that law. That exception is applicable, she ruled, because the port adopted the concession agreement in the Clean Truck Program “as a business necessity.”
Read more: truckinginfo.com.