The U.S. Supreme Court has agreed to hear American Trucking Associations’ argument against the Port of Los Angeles’ trucking concession requirements.
In 2008, the Port of Los Angeles carriers serving the port enter into “concession agreement,” that included requirements regarding truck maintenance, off-street parking and carrier proof of financial responsibility.
The association then sued POLA in U.S. district court, but the judge agreed with the port’s position that the requirements are not preempted by the Federal Aviation Administration Authorization Act. Later, an appeals court overturned the employee-driver provision, but affirmed the remainder of the lower court’s ruling.
On Jan. 11, the Supreme Court announced it would hear the case, but did not provide a docket date.
The court will hear arguments regarding the FAAA exemption and will consider if a governmental entity banning federally licensed carriers from a port represents partial suspension of the carriers’ federal registration.
I'd say its a violation of a persons 1st Amendment rights of freedom of speech and representation. If a person meets the Federal requirement as a driver they should not be forced to be represented by any organization to be able to work.
- spam
- offensive
- disagree
- off topic
LikeThe backlog to pull a container from the ports, especially the LA ports, is insane. Changes are needed throughout the entire system. Will be interesting to see how the SC rules on this matter.
- spam
- offensive
- disagree
- off topic
Like