Judge Tentatively Denies Injunction in SoCal Port Suit; ATA to Appeal

A federal judge tentatively denied American Trucking Associations’request for an injunction that would delay the start of concessionaireprograms for drayage drivers at the Ports of Los Angeles and Long Beach.

U.S. District Judge Christina Snyder on Monday wrote that the potential public benefits of the ports’ programs tipped her decision “decidedly in favor of denying the injunction.”

An ATA spokesman said the association would appeal.

ATA had sought the injunction as part of lawsuit, filed late July, that challenges parts of the ports’ clean truck programs as unconstitutional regulations of interstate commerce.

ATA argues that by requiring drivers to pay a concession fee before performing drayage work, the ports unlawfully restrict the prices, routes and services of interstate motor carriers.

While opposed to concessionaire arrangements, ATA has said that it supports portions of the ports’ plans aimed at air-quality improvement.

Unless the ports’ plans are halted by the court, the concessionaire programs would go into effect Oct. 1. Also at that time, independent contractors will be prohibited from performing drayage services at the Port of Los Angeles, and trucks manufactured prior to 1989 will be barred from entering either port.

Snyder will issue her full decision on Thursday, the Los Angeles Times reported.