The employee-only mandate and several other components of an access license scheme contained in the truck program were cleared for implementation when U.S. District Court Judge Christina Snyder dissolved an injunction against the components on Sept. 16.
Judge Snyder's ruling is being appealed by the American Trucking Associations to the U.S. Ninth Circuit Court of Appeals.
Los Angeles Port staff are recommending that the port board approve a new timeline for the transition to employee-only drivers because the current schedule would leave most truckers in violation almost immediately upon implementation.
The new three-year phase-in schedule calls for 20 percent of all gate calls at the port to be handled by employee drivers by the end of 2011, 66 percent by the end of 2012 and 100 percent by the end of 2013.
An additional truck program component that was previously enjoined calls for the truckers servicing the port to have an off-street parking plan in place. The new schedule will extend the deadline for trucking firms to have such a plan until Jan. 1, 2011, with enforcement expected to begin July 1, 2011.
The ATA appeal to the Ninth Circuit has asked the court to reinstate the injunction until the appellate panel can fully review the case.