Overdrive

February 2013

Overdrive Magazine | Trucking Business News & Owner Operator Info

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Logbook Court battle over emissions regs looms A California trucking group is appealing a court decision that fails to recognize its complaint that small trucking businesses are having to spend billions of dollars to replace trucks to meet state emissions regulations. The California Construction Trucking Association announced Jan. 22 it filed a Notice of Appeal to the U.S. Court of Appeals for the Ninth Circuit. The court's December ruling offered what CCTA says was a nondecision in its nearly two-year-long case with the California Air Resources Board and its truck regulations. CARB has rolled out steadily stricter emissions regulations that require truck owners to either install soot filters or upgrade to a newer model. The latest restrictions began Jan. 1. "The CARB diesel engine regulation will ultimately force the replacement of most diesel-powered commercial motor vehicles that do not meet 2010 EPA emissions standards in order to operate in the state of California," says a CCTA news release. "Despite claims used to justify this regulation by regulators and environmental groups that public grant funding is readily available to assist truckers in complying, this is not true. Smallbusiness truckers are bearing the brunt of the multibillion-dollar expense to unnecessarily replace trucks originally built and certified to EPA emissions standards." The case began in March 2011, when CCTA filed suit against CARB. CCTA claimed California violated the Federal Aviation Administration Authorization Act, "which prohibits states from enacting any law, rule or regulation affecting the price, routes or services of motor carriers," says CCTA. The association plans to continue to challenge both CARB and the U.S. Environmental Protection Agency, alleging that EPA's "hurried" approval of California's plan conflicts with other federal law, including FAAAA and the commerce clause of the U.S. Constitution. Lee Brown, CCTA executive director, posted a letter to the group's website, "Why We Should Continue to Fight." It questions the science used by CARB, calling reports from the board "mostly propaganda perpetuating a huge deception" and saying that truck owners have little choice but to upgrade equipment that complies with federal emissions standards. – Staff Reports Barlow drivers are eligible for our lease acquisition program from day 1, which allows YOU to take control of YOUR career. Text INFO to 205-289-3555 or visit www.ovdinfo.com Text INFO to 205-289-3555 or visit www.ovdinfo.com Safe, Dependable Drivers. • OO's Average $1,000+ a Week • 401(k) Retirement Program • Rider Program • Paid Weekly • All Miles Paid Loaded or Empty • Midwest Runs • Hire along I-70 and I-80 interstates • Run in 48 states • OTR or Company Drivers welcome to apply • Midwest-East Coast-Back • Paid Orientation, Referral Bonus, Safety Bonus, & Holiday Pay 888.213.9968 - www.barlowtruckline.com 1305 Grand DD SS Faucett, MO 64448 February 2013 | Overdrive | 63 Untitled-15 1 10/4/12 10:13 AM Carlson Logistics_TN0712_PG048.indd 1 8/8/12 9:41 AM

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