Clean truck fees are dirty words to truckers at Southern California ports
Although the Ports of Los Angeles and Long Beach, Calif., were finally able to implement their controversial “clean truck fee” last month on every truck entering the facilities, the battle over the program appears far from over.
The two ports, which handle far more Asian furniture imports than any other port facility, were in front of the Ninth Circuit Court of Appeals a few days ago to argue their case in a lawsuit filed by the American Trucking Associations challenging the ports’ requirement that trucking companies get a concession license in order to do business there.
The concession program is too complicated to try to explain here (and I don’t pretend to understand it all myself), but it’s similar to a license that a food service company might need in order to sell hot dogs inside a state park.
Trucking companies with concession licenses then get the privilege of paying a clean truck fee, which typically adds about $70 to the cost of each 40-foot container that is hauled out of the ports by trucks that do not meet California’s strict 2007 emissions standards for diesel-powered vehicles.
The ATA contends the concession licensing program violates federal law that pre-empts state and local laws that impact truckers’ rates, routes and services. The U.S. Justice Department agrees, and filed a friend-of-the-court brief in support of the ATA position.
The ports say the program and the accompanying fees are critical to a five-year plan aimed at dramatically improving air quality in and around the ports. They say money generated from clean truck fees will help finance the replacement of older, more polluting trucks.
It’s not clear when the federal appeals court will rule on the case, but it’s a safe bet that the loser will appeal to the U.S. Supreme Court. So it could be years before the matter is finally resolved.
Steve Hernandez commented:
This is the same thing that happened with mattress manufacturers and the furniture manufacturers. Every time you design a new bed with different specs than what you have on file you have to burn it and go through prototyping and all that good stuff. It just makes it harder for independents, and we've been doing it for over 35 years. Too bad the government does not look at things from a small business' perspective.
Larry Thomas commented:
Good point, Jeff. I've talked to several people who believe the new rules also are designed to make it easier for the Teamsters to organize truckers. By making it difficult for owner-operators to get a concessionaire's license, the union can exert more pressure on trucking companies, many people believe.
Jeff Giagnocavo commented:
This is yet another example of big business lobbying to rule the roost. Small truckers are being pushed out with all these regulations by the big operations. My father has been an owner operator for 30+ years and is getting out because once all these laws pass that are coming down the line he will not be able to turn a profit.
It is a shame what lobbying the government has done to our country. Basically once the laws pass you will have 2 types of trucks on the road the company owned corporate ones and everyone else that has to run illegally due to too restrictive regulations.
If you don't agree just read the line that says "...replacement of older, more polluting trucks." How is it that an owner operator is supposed buy a new truck or replace his engine everytime the government comes up with a new set rules, that is what this is coming to.
