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New California port law targets intermodal equipment fees

Gov. Arnold Schwarzenegger has signed a measure into law intended to take some of the burden off truckers at the state’s seaports.

The new law, previously SB45, prohibits the owners of some intermodal equipment at ports in the state from charging truckers late fees. It declares, “termination, suspension or restriction of equipment interchange rights without prior judicial action is contrary to the public policy of the state of California.”

Sponsored by Sen. Richard Alarcon, D-Van Nuys, it specifically prohibits intermodal marine equipment providers or marine terminal operators from imposing per diem, detention or demurrage charges on intermodal motor carriers.

Ports or terminals cannot charge truckers the “late fees” if:

  • the terminal gate is closed;
  • if the terminal chooses to divert the truck to a new destination without “proper notification,” which is defined in the law as 48 hours;
  • if the intermodal equipment is not in compliance; and
  • a number of other circumstances.

Another port-related effort in the Legislature still awaits Schwarzenegger’s signature.

SB848, sponsored by Sen. Joseph Dunn, D-Garden Grove, would extend to port owner-operators the right to organize and to collectively negotiate with port motor carriers regarding such matters as compensation and benefits.

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