While the American Trucking Associations has filed to appeal a ruling in favor of the Port of Los Angeles, port officials will recommend an adjusted implementation schedule for the agreement the association is disputing.

The ATA filed its request for an appeal in the 9th U.S. Circuit Court of Appeals Sept. 16. Judge Christina Snyder had committed several legal errors in her Aug. 26 ruling, which upheld the port’s agreement carriers must sign to work the port, the association said.

Ports nationwide have said they want to adopt the Los Angeles model.

Snyder’s Sept. 10 final judgment dissolved the preliminary injunction that had been in place, which had prevented the port from fully enforcing the agreement. The ATA had not disputed the stricter truck emissions standards, but had sued over other program aspects, including requiring all drivers be carrier employees and requiring carriers follow preferential hiring rules.

Port representatives have said they will recommend the Los Angeles Board of Harbor Commissioners approve an adjusted compliance timeline at the board’s Sept. 27 meeting. The proposed schedule would begin requiring 20 percent of drivers be employees by Dec. 31, 2011, increasing to 66 percent a year later and 100 percent by Dec. 31, 2013.

The ATA’s appeal request states the U.S. Constitution’s Commerce Clause restricts states’ regulation power and the “dormant” commerce clause prohibits legislation excessively burdening interstate commerce.