The concession requirements are now permissible since U.S. District Court Judge Christina A. Snyder on Sept. 16 entered her ruling in the clean-truck case lifting the injunction against implementation of the concession agreement between the port and motor carriers.
Port staff on Wednesday published on the Port of Los Angeles Web site the proposed timeline for implementing specific concession requirements.
The most controversial concession item, which is certain to generate great interest in the harbor trucking industry, is the timeline under which licensed motor carriers must begin to phase in the use of employee drivers and consequently phase out the use of owner-operators.
By Dec. 31, 2011, 20 percent of all gate moves by a licensed motor carrier must be performed by trucks driven by employee drivers. The number increases to 66 percent by Dec. 31, 2010 and 100 percent by Dec. 31, 2013.
The three-year schedule will give port staff time to develop compliance monitoring systems and will allow trucking companies time to phase-in employee drivers, the commission's agenda item stated.
Also, the asset-based requirement states that licensed motor carriers must own and be accountable for the new clean-trucks that are deployed at the port.
Licensed motor carriers will likely need time to secure off-street parking space for their trucks, so the companies will have until Jan. 1, 2011, to submit a parking plan that would be enforced beginning July 1, 2011.
Motor carriers after Oct. 1, 2010, should begin keeping records for possible audit items related to the companies' compliance with truck safety and operating regulations.
Port staff recommends that for demonstrating financial capability, motor carriers adhere to the same criteria that were suspended during the injunction period. Applicants will be required to show that they have a positive net worth or a positive cash flow. Before the injunction, no motor carriers were rejected as a result of this requirement.Staff recommendations include timeline for phasing in employee drivers
Motor carriers will continue to be required to produce an effective maintenance plan for their trucks. This item was never subject to the injunction.