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THE US Federal Maritime Commission (FMC) and the Ports of Los Angeles and Long Beach will be appearing in the US District Court in Washington on December 5.
This comes after the FMC filed a motion for injunctive relief with the court in a bid to prevent a number of "objectionable" provisions of the ports' clean trucks programme from being implemented.
Collection of the clean-truck fee was originally slated to begin on November 17, however, the imposition of the levy on importers and exporters has been delayed for an undetermined period by the ports amid the row with the FMC, reports the Journal of Commerce Online.
It said the FMC is seeking a preliminary injunction from the court against portions of the clean-truck concession plans that the commission believes will restrict trucking competition and result in an unreasonable increase in freight rates.
In its filing, the FMC is asking the court to block the Port of Los Angeles from taking further action on its requirement that only licensed motor carriers with employee drivers be allowed to operate at the port. Long Beach does not have an employee driver mandate, the report noted.
The commission is also requesting that the court enjoin both ports from establishing truck purchase incentives and subsidies for some motor carriers but not for certain classes of operators.
Similarly the FMC is seeking to prevent the ports from charging clean-truck fees for some operators while also allowing other operators to be exempt from paying these fees.
In response to the FMC's move, the Port of Los Angeles was quoted as saying in the report: "This action further demonstrates the FMC's fundamental misunderstanding of the ports' clean-trucks programme and underscores the inappropriateness of the FMC's attempts to intervene and block programmes that are outside of its expertise or jurisdiction."
This comes after the FMC filed a motion for injunctive relief with the court in a bid to prevent a number of "objectionable" provisions of the ports' clean trucks programme from being implemented.
Collection of the clean-truck fee was originally slated to begin on November 17, however, the imposition of the levy on importers and exporters has been delayed for an undetermined period by the ports amid the row with the FMC, reports the Journal of Commerce Online.
It said the FMC is seeking a preliminary injunction from the court against portions of the clean-truck concession plans that the commission believes will restrict trucking competition and result in an unreasonable increase in freight rates.
In its filing, the FMC is asking the court to block the Port of Los Angeles from taking further action on its requirement that only licensed motor carriers with employee drivers be allowed to operate at the port. Long Beach does not have an employee driver mandate, the report noted.
The commission is also requesting that the court enjoin both ports from establishing truck purchase incentives and subsidies for some motor carriers but not for certain classes of operators.
Similarly the FMC is seeking to prevent the ports from charging clean-truck fees for some operators while also allowing other operators to be exempt from paying these fees.
In response to the FMC's move, the Port of Los Angeles was quoted as saying in the report: "This action further demonstrates the FMC's fundamental misunderstanding of the ports' clean-trucks programme and underscores the inappropriateness of the FMC's attempts to intervene and block programmes that are outside of its expertise or jurisdiction."
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