Lawyers for OOIDA were in the U.S. Court of Appeals in Washington, DC, on Thursday, Dec. 6, arguing against the Mexican cross-border trucking program.
This past July, OOIDA filed a lawsuit in the DC Circuit against the DOT and the Federal Motor Carrier Safety Administration asking the court to “enjoin, set aside, suspend (in whole or in part) or determine the validity of the implementation of (DOT’s cross-border program).”
“Implementation of the pilot program is arbitrary, capricious and abuse of discretion and otherwise not in accordance with law,” the Association’s petition states.
The Association has adamantly opposed opening the border because Mexico has failed to institute regulations and enforcement programs that are even remotely similar to those in the United States and because there would be no relevant corresponding reciprocity for U.S. truckers.
The OOIDA lawsuit points out that Mexico has no reliable system for tracking a driver’s safety record or medical or drug and alcohol history. The Association contends that U.S. law states that the waivers and exemptions the FMCSA is extending to Mexican truckers are not legal.
A second lawsuit against the DOT and FMCSA was filed in early September 2011 by Public Citizen and the Teamsters. That challenge was initially filed in the U.S. Court of Appeals for the 9th Circuit.
As the result of an unopposed motion of the Department of Justice, which represents the DOT in the lawsuits, the case in the 9th Circuit was transferred to the DC Circuit. The Teamster’s attorneys also presented their oral arguments to the court on Thursday.
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