FMCSA wins case, pilot program with Mexico to continue

| July 26, 2013

mexicoUntitled-1A federal court has ruled against both cases filed by the Owner-Operator Independent Drivers Association over the Federal Motor Carrier Safety Administration’s cross-border trucking pilot program with Mexico.

On July 26, the U.S. Court of Appeals for the District of Columbia rejected the Owner-Operator Independent Drivers Association’s and the Teamsters Union’s petitions. The organizations requested a rehearing in their consolidated case after the court ruled April 19 to allow FMCSA to continue the program.

Congress decided truckers with Mexican CDLs would be considered equivalent of a state CDL, stated Judge Brett Kavanaugh on behalf of the three-judge panel. “We therefore conclude that the pilot program allows Mexican truck drivers to use their Mexican-issued commercial drivers’ licenses,” Kavanaugh wrote.

The panel also dismissed additional arguments against the program, which includes assertions that Mexico’s drug testing and vision tests are inadequate and that too few carriers are in the pilot program to gauge if Mexican carriers would operate safely beyond the commercial border zone.

The panel also rejected OOIDA’s separate but related case it presented to the court May 6. The 2005 highway reauthorization act stipulates U.S. truckers have medical certificates issued by the National Registry of Certified Medical Examiners. FMCSA requires Mexican and Canadian drivers meet the medical qualifications of their own countries, but they do not have to have a certificate through the recently established registry.

The 2005 statute does not override the 2011 trucking agreement between Mexico and the United States, said Judge Janice Rogers Brown, in writing the majority opinion.

“The question we must answer is whether a facially unambiguous statute of general application is enough to abrogate an existing international agreement without some further indication Congress intended such repudiation,” Brown stated. “We conclude it is not.”

But this agreement is inconsistent with 2005 registry requirement and earlier international agreements, Senior Judge David Sentelle wrote. “The court’s opinion today departs from the precedents of the Supreme Court and this circuit, and is not founded in the Constitution,” he stated. “I respectfully dissent.”

The court should grant the petition for review and “vacate this unlawful rule,” Sentelle stated.

Additionally, FMCSA would not be prohibited from adding Mexican or Canadian doctors to the registry or the United States from drafting new agreements to address these issues, he wrote.

  • Mike Smith

    What can we expect from a government that has been overthrown by the corporations & businesses who get cheaper MEXICAN labor, and at the same time, get massive numbers of new consumers. (Just look at So. CA, almost all Mexican now. Fontana, CA is a truck town It was almost all white. Now it is all Mexican truck drivers & truck owners, cheapening load pay outs/rates. All of which, are not just a threat to us, but an attack on us, by what was our own government, and the craporations, and businesses, who profit off them on one hand, and at the same time we are held hopeless and helpless to do anything about all of this; the way it stands.

  • John Scott

    Oh let’s just accept that trucking is becoming a slave labor operation. Between regulations, over competition, stagnant and pathetic rates and high fuel. Is it any wonder it is what it is for trucking? Government does not care about any aspect of transportation. Only the companies that use it. Save the consumer, save big corporations. Stick it to transportation. The general public doesn’t care. They hate trucks too. Unless trucking organizes which will never happen. It can never expect anything from government to help. Let’s not forget Bill Clinton first signed NAFTA into law and started the further demise of the American transportation system. Even Mr. Clinton admitted years later NAFTA was a one way street and did not benefit America as everyone thought. All I can say to that is DUH!

  • Michael

    it’s time to act America organize as Obama would say . come on lets put a stop to this horse shit

  • Mike Smith

    What has happen to us in our own country is worthy of a New Revolutionary War, and everybody needs to say it, and say it to their reps..

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  • Mike Smith

    NAFTA is an attack on American Citizens. And must be called what it is. It is treason against us, by our own government, who put it in place for the benefit of the corporations. ‘It is time for all good men to come to the aid of their countrymen.’

  • BunniRabbyt Retired Thank God

    Well OOIDA how well did this YAK YAK with Washington do this time. Not so good this time I see. Until you leaders of trucking organizations grow a set and decide to have a national shutdown and make some noise and get some attention this is what you get. I have said it for years nobody listens. Big Brother rolls right on crushing the trucker in its path. Thank God I am retired but I feel for all you truckers having to put up with this nonsense. I pray the Lord will send a man to stand up for you imprisoned men and women of injustice.

  • No Reform

    Bought and Paid for Decision.

  • David ‘White Horse’

    I have looked at what these judges have ruled and the way they ruled and have seen they are invalid in their judgments.
    Yet again we are undermined by leftist and activist judges that could not care less about the people of this their country.
    Welcome to Communism goodbye to hard fought freedom.
    When WE THE PEOPLE let these illegitimate low life judges rule with a iron boot on our neck what can we expect. I am young/old enough to remember when Kruschev said Communism would take over Amerika without a shot and he was laughed at well who’s laughing now. Stand up to these pilfering judges stand up and tell them they do not have America in mind when outside trash can have more rights than an American in our own country. they the trash from mexico can literally get by with murder leave and come back and do it again with impunity, where we must follow the law of the land they follow the rule of the immediate time.

  • Mike Smith

    These Judges and more have been acting against us for years. Ruling in favor of corporations, businesses & Mexicans/illegal aliens. They hide there evil cloaked in NAFTA, AND so called immigration. CA, citizens voted for Prop. 187, to stop allowing Mexicans to get gov money. (Funding they used to have 6 kids in our country for the express purpose to out breed us with our own money). After voting it in a Judge in CA figured out a way to dismiss the Prop. They have ruled against the Ten Commandments on court property, therefore, ruling against Christanity. They have legalized homosexuals. Supported homosexuals getting married. They have made Corporations a person. Doesn’t this beat all. We are facing a sinister power destroying us, our culture, our people. We are up against so kind of Nazi/Mexican Invasion of our country. Lead by what was our government.

  • No Reform

    Invasion by mexicans no doubt….look around..Obama estimates 11Million…quite an ARMY of INVADERS aint it??

  • No Reform

    Obama suggests we lick the Invaders boots!

  • San Benito Tx CT Trucks

    Our company from south Texas just hired 40 of those Mx drivers 1st week of July, I spoke to them and they get 7cents a mile each as teams, we have been home w out a load ever since, we call dispatch for loads, and they reply “no loads due to July shutdowns” as we see these drivers pulling in & out drop n hook, I guess I have to start searching for a job, this sucks, especially since I come from Mx parents, this will definitely affect truckers, I’m living proof.

  • San Benito Tx CT Trucks

    These MX company came to ours and offered their service like those temp to hire company’s you see providing cheap labor for warehouses, I was there in the office as they where there offering their services, and they aren’t reloading in the same place of unload as stated by pilot program, so they are already finding loop holes.

  • No Reform

    Mostly 3rd worlders drive truck today…they want cheap labor
    and are actually driving Americans OUT of trucking systematically…this B.S. is not by chance. Part of a Grand Scheme. Those Rich guys sit in a meeting and develop their wonderful “VISION” for ripping off people.

  • No Reform

    Its no coincidence that some Jack booted Hitler wannabee is
    stopping you fromgetting to the Grocery Warehouse…..YOU are a SUSPECT!! You need an INSPECTION…..so much for contitutional rights…….show me this and that…PROVE your innocence driver…….they want to make our lives a Living Hell and then they go inside and High 5 and laugh.

  • No Reform

    Alot of these local trucking jobs dont pay anything either coz they are encouraging 3rd worlders to appy. They like to see a line of questionable “immigrunts” standing at their door with their cardboard houses folded neatly and strapped on their backs…..

  • D

    This is just the beginning, let Mexican carriers enter the US and slowly expand Mexican operating radius in the US. Corporations with fleets will base their warehousing and trucking operations in border towns and use Mexican drivers to distribute product across the US and bring product back to the border town warehouses and facilities.
    The days of profit per unit are gone, now it’s about saving money from cost cutting and what best way for corporations to cut cost, save on logistics…
    Currently, having a distribution warehouse in Mexico will not work, you would have to ship from Mexico warehouse to a US distribution warehouse and the distribute, soon distribute directly from a border town warehouse on Mexican soil, using Mexican trucks and Mexican labor. Not to mention the cheap real estate and utilities.

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