New Jersey Motor Truck Association Hot Intermodal Freight Issues December 1, 2009 East Brunswick, NJ

1. New Jersey Motor Truck Association Hot Intermodal Freight Issues December 1, 2009 East Brunswick, NJ

2. Top Industry Issues 2009 • Economy • Govt. Regulations • Fuel • Congestion • Hours of Service • Commercial Driver Issues • Environmental Issues • Tolls-Highway Funding • Truck Size and Weight • Onboard Truck Technology

3. Intermodal Trucking Issues • The Economy • Roadability - Chassis Safety • Operational Issues/Efficiencies • Clean Truck Programs-Assault on Interstate Commerce ?

4. Intermodal Trucking Ops • Intermodal Trucking-SILO Mentality; • Operational Improvements-UIIA, Chassis Pools, Roadability; • Recession Straining Cooperation?

5. Roadability-Chassis Safety • Final Rule became effective 6/17/09; • Equipment providers (IEP) to establish systematic inspection, repair, and maintenance programs, recordkeeping-documentation systems, and file Form MCS-150C by 12/17/09*; • IEP to mark intermodal chassis with acceptable DOT ID Number (incl. GIER) by 12/17/10; *OCEMA Filed to extend date to6/1/10.

6. Roadability Specifics • Equipment Providers Responsible for Maintaining Equipment; • Chassis to be Roadable before it is offered for Interchange; • Shared Responsibility; • Documentation is Key; • Not ready for Prime time!

7. Clean Truck Programs • CA Ports Requirements - mandatory truck retirements/bans, performance, data entry and compliance responsibilities; • Contractual Barrier to Entry i.e. Concession Contract; • Port Discretionary approval; • Multiple local regulations including financial fitness (deep pockets), maintenance, safety, security, hiring preferences, parking, routes etc.; • Container Fees; • POLA-Bans owner operators;

8. The Law • Federal preemption-49 U.S.C. § 14501(c) (1) [aka F4A] prohibits states-political subdivisions of states from enacting or enforcing a law that relates to the price, route, or services of any motor carrier; • Federal Preemption goal… “to assure that carrier rates, routes and services are structured via “competitive market forces” and not because of “governmental commands”…2008U.S. Supreme Court, 9-0

9. CA Truck Litigation Status • Partial Injunction in Place; • 2nd Appeal Pending, Nov. 4 Hearing Held; • Trial Date 03/2010 ? • Other Ports Acting or Watching-Waiting… • One Less Defendant!

10. POLB Settlement 10/19 • Based upon a motor carrier registrationprocess, referred to as a Registration and Agreement; • Replaces the Port’s Concession Agreement; • Elements of the prior concession contract that were unrelated to appropriate port regulatory oversight, such as financial capability, truck routing, parking and hiring preferences, were also eliminated.

11. Settlement Cont’d • Motor carriers certify that any truck dispatched complies with all federal, state, and Port safety, security and environmental regulations; • Motor carriers acknowledge responsibility for ensuring that all drivers dispatched to the Port possess a valid CDL and a TWIC; • Motor carrier acknowledge the right of the Port to deny entry to any truck or driver that does not meet these regulatory requirements; • Port required to keep data confidential; • NRDC Challenge? • POLA Settlement???

12. NYNJ Port Clean Truck Plan • Stakeholder Truck Committee; • Prohibit Pre-94 trucks 1/1/2011; • Require all trucks to be 07 engine compliant by 2017; • No concession or other contractual barriers to entry; • May consider incentives-fees? • Counterweight to POLA-Teamsters?

13. F4A Activity • Teamsters, Change to Win, LA Mayor, Oakland, NYNJ politicos… • Underlying premise: Not going to win in court-Change to Win; • Amend law to permit local ports (cities?) to determine all safety, security, work related requirements-rules; • End federal preemption structure which protects-enhances interstate commerce!

14. Thank You! ********* Curtis Whalen Executive Director Intermodal Motor Carriers Conference American Trucking Associations 703-838-1867 cwhalen@trucking.org www.truckline.com