According to the lawsuit, filed June 7 in Portland, OR, Swift has been allowed to perform its own warranty maintenance on its fleet of Freightliner tractors since 1992. Swift mechanics perform the repair work and then the motor carrier bills the manufacturer if the truck is still under warranty.

Swift Transportation canceled orders for 1,600 new Freightliner trucks earlier this month, The Oregonian of Portland reported. However, Swift CEO Jerry Moyes said the order was dropped because the trucks were to be made after the Oct. 1 EPA deadline for diesel engines with reduced emissions.

The carrier is considering canceling 1,600 more truck orders in the first quarter of 2003, Moyes said. An order that size amounts to about 45 days' production at Freightliner's Portland plant, which is producing about 35 trucks a day.