Harbor Trucking Association
California Trucking Association American Trucking Association Port of Long Beach Harbor Truckers Home Page Port of Los Angeles Visit us on Facebook Visit us on Facebook

Online Store

Harbor Truckers Association Member Directory
U.S. Supreme Court agreed with American Trucking Associations
6/13/2013

ARLINGTON, Va., June 13, 2013 /PRNewswire-USNewswire/ -- In an opinion handed down this morning, the U.S. Supreme Court agreed with American Trucking.

"We are gratified that, at the conclusion of many years of litigation, the highest court in the land unanimously agreed with ATA on these rules. Our position has always been that the Port's attempt to regulate drayage operators -- in ways that had nothing to do with its efforts to improve air quality at the Port -- was inconsistent with Congress' command that the trucking industry be shaped by market forces, rather than an incompatible patchwork of state and local regulations," said ATA President and CEO Bill Graves. "The decision is sure to send a signal to any other cities who may have been considering similar programs which would impermissibly regulate the port trucking industry."

At issue was the Port's attempt to impose so-called "concession agreements" on drayage operators wishing to move goods in and out of the Port. The Federal Aviation Administration Authorization Act prohibits the enforcement of any state or local "law, regulation, or other provision having the force and effect of law related to a price, route, or service of any motor carrier." The question before the Supreme Court was whether certain provisions of the concession agreements that undisputedly "related to a price, route, or service" of motor carriers nevertheless escaped preemption because the Port asserted that it imposed these requirements to serve its "business interest" in expanding the Port, rather than in an effort to regulate the drayage market.

In an opinion authored by Justice Kagan, a unanimous Supreme Court rejected the Port's contention. The Court concluded that, whatever the Port's asserted motivation, the concession agreements amounted to "classic regulatory authority" and thus fell within the scope of the FAAAA's preemption provision. It observed that the concession agreements, while technically contracts between the Port and trucking companies, were not the "result merely of the parties' voluntary commitments." Rather, the Port compelled trucking companies to enter into the contracts as a condition of access to the Port, by "wielding coercive power over private parties, backed by the threat of criminal punishment." By imposing the concession agreements through coercion rather than "ordinary bargaining," Los Angeles was "performing its prototypical regulatory role."

A copy of the Supreme Court's decision is available here.

American Trucking Associations is the largest national trade association for the trucking industry. Through a federation of 50 affiliated state trucking associations and industry-related conferences and councils, ATA is the voice of the industry America depends on most to move our nation's freight. Follow ATA on Twitter or on Facebook. Good stuff. Trucks Bring It!

Other News
10/25/2017
October 25 2017 Monthly Meeting
8/15/2017
HTA hosts Senator Deb Fischer
6/28/2017
HTA DrayTech Summit
6/15/2017
HTA hosts KTA visitors
2/28/2017
HTA Annual TPM Meeting
10/26/2016
October Monthly Meeting
10/6/2016
Annual Casino Night Photos
9/1/2016
Being in the red for four of the last five years has caught up to Hanjin Shipping.
8/31/2016
IDH Presentation
7/27/2016
HTA July 27 SoCal Gas Company presentation
Harboor Trucking Association
Harbor Trucking Association | One World Trade Center | P. O. Box 32475 | Long Beach, CA 90832
Phone: (562) 438-9431 | Fax: (562) 684-4320 | www.HarborTruckers.com | info@harbortruckers.com