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The case has been making its way through the court system ever since the program went into effect more than four years ago. ATA challenged the program, arguing that federal law prohibits the locally run port from making rules that impede interstate commerce.
The Clean Truck Program, set up in 2008, established criteria for providers of drayage services at the Port, including a requirement to commit to using only employee drivers, rather than the independent contractors typically working the ports, by 2013 in a phased-in schedule. The plan would allow the port to hold those companies accountable for maintaining trucks and employing properly credentialed drivers.