OOIDA seeks rehearing on cross-border pilot program

By Jami Jones, Land Line managing editor | 6/4/2013

A recent decision denying a shutdown of the long-haul cross-border trucking program with Mexico has prompted OOIDA to seek a rehearing on the court’s decision.

The Owner-Operator Independent Drivers Association filed a petition for panel rehearing and rehearing en banc – which requests a hearing in front of the full court of the panel’s decision. The petition was filed Monday, June 3, with the U.S. Court of Appeals for the District of Columbia.

The court ruled in May that the DOT’s cross border pilot program was legal despite arguments made by OOIDA that the United States has stricter highway safety regulations than Mexico. The Association contends that trucking companies based in Mexico cannot comply with U.S. regulations and should not have full access to U.S. highways.

The Association contends that when the court denied OOIDA’s petition seeking a shutdown of the long-haul cross-border program with Mexico earlier this year the court ran counter to a number of legal precedents. The petition for rehearing claims the court’s ruling ran contrary to U.S. Supreme Court decisions and even decisions issued by the D.C. Circuit in similar cases.

The petition takes to task the court’s ruling that continues to allow the Federal Motor Carrier Safety Administration to accept Mexico-issued driver’s licenses as equivalent to U.S. issued credentials.

OOIDA details several federal laws pertaining to the situation, and argues that the court cannot “pick and choose” which acts of Congress will be enforced.

The Teamsters and the Sierra Club filed a similar petition with the court on Monday, June 3. The two groups are challenging the court's ruling on environmental grounds because it undercuts the National Environmental Policy Act. They say the ruling violates the precedent that federal agencies must consider the environmental consequences of their actions before making decisions.

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