Groups want court to rehear case against Mexican trucking program

| June 05, 2013

mexicoUntitled-1-300x172The Owner-Operator Independent Driver Association has asked a federal court to rehear its case against the U.S. cross-border pilot trucking program with Mexico.

On June 3, OOIDA and the Teamsters union separately petitioned the District of Columbia appeals court. On April 19, the circuit’s three-judge panel ruled in favor of the Federal Motor Carrier Safety Administration’s program. The court had consolidated the association’s and the union’s litigation cases for that ruling.

Both petitioners argue that the recent decision conflicted with previous rulings. “…The panel has  converted appropriations riders intended to limit the circumstances under which FMCSA could conduct temporary pilot programs into a potentially permanent exemption for Mexican drivers from licensing requirements applicable to U.S. domiciled drivers,”  the association stated.

The Teamsters, who petitioned with the Sierra Club, also argue that previous decision undercut the National Environmental Policy Act. The agency insufficiently weighed environmental consequences before launching the program, according to the joint petition.

The union and OOIDA also requested the rehearing en banc, which would involve a nine-judge panel. Consideration en banc is used when the full court is deemed necessary for uniform decisions or in cases involves a question of exceptional importance.

In a separate case, the association presented oral argumentsMay 6 against the program regarding the agency’s the National Registry of Medical Examiners. FMCSA will begin requiring Interstate CDL holders to have physicals and a medical examiner’s certificate from a registry examiner next year.

FMCSA contends it could only apply the Registry requirement to Mexican and Canadian drivers if Congress clearly intends to abrogate previous agreements regarding truckers from the two nations. Congress has not indicated such plans, FMCSA says.

  • http://twitter.com/howddydutytime Mike Smith

    This corrupt government cannot continue to allow jobs, made in our country, by our countrymen, using our resources, to be taken over by Mexico/Mexicans and other 3rd world savages.

    This so called government has allowed our jobs and OUR resources to be sent out of our country to China and Mexico, etc..

    The government has also allow 10′s of millions of these 3rd worlders to come into our country to take the jobs that could NOT be sent out of our country.

    It is a good guess that 100′s of billions of dollars are being sent OUT of our country to foreign countries, IE., Mexico and China, etc.. This is outrageous, AND it is wrong to the point of being a criminal act against American CITIZENS.

    The people in power could not get away with attacking us with weapons, like the violent acts that were used in WW2.

    What we are experiencing is a new form of war on the very citizens who built this country “from sea to shinning sea”.

    We are experiencing Physiological Warfare from the media, this government, and via “political correctness”. Where are the writers and news caster that should be exposing all of this.

    We are experiencing a new form of GENOCIDE.

  • http://mexicotrucker.com/ Porter M. Corn

    What a bunch of frigging morons! But what the hell! Let’s shut the program involving a small number of trucks down! Then, Mexico will retaliate again, as is their right, with tariffs which last time cost us more than 25,000 jobs and 14% per cent market share in some agri-industries.

    And lets forget about the 100′s of Mexican carriers who have had full operating authority in this country for more than 60 years who would not be effected if the Cross Border Pilot program was canceled. They’ll still be out there doing their thing. This is nothing more than another “wedge” issue to hide the bigotry and racism of that small little inconsequential man who heads OOIDA.

  • MarsRiver

    First you shouldn’t call others “frigging morons” when you place a percent symbol after a number and then write the word “percent”. That lends to the old adage “It takes one to know one”. There is a reason for the lawlessness South of the border and we would not appreciate it pushing any further North than it already has. If the country of Mexico wants to have it’s people suffer further put on the tariffs. Oh, I almost forgot, it’s all those relocated American Companies that are going to Punish America! Duh!!

    Porter, the people you defend simply need to comply with the rules. The biggest problem is getting rules in place that do unto all fairly. That’s the toughest part when you have next to no issues with the neighboring country to the North and the drug smuggling, murdering, thieving cartel to the South.

    And if your statement is true “…100′s of Mexican carriers who have had full operating authority in this country for more than 60 years who would not be effected if the Cross Border Pilot program was canceled” then why are you so angry about it? It’s not about one man at OOIDA. According to your own testimony seen here today, the matter of the Pilot Program is inconsequential and isn’t a necessary program. Yet, the United States continues its attempts to be a leader and provider for “your” people.

  • Tom

    How afraid of capitalism are you people? Really? First the collectivist scheme to insure your credit decisions (bond) and now you can’t compete with Mexican drivers. If they are illegal, that’s one thing. But legal one’s?

    Cowards.

  • MarsRiver

    If the question of capitalism is being directed at me, I’m not only unafraid but rather embrace it. Porter would have to answer for himself since his writings indicate he loathes America all the while living here. I’m not sure what to make of the “…collectivist scheme…” comment as collectivism is Socialism. I completely agree with you about the “legal one’s”. This has been an ongoing contentious discussion with Porter M. Korn. I have read many of his one sided, racist, bigoted, America hating posts and will not let him slid. Legal means legal. He wants special treatment for Latin drivers. To his misfortune we have Rules and Laws which 20 million currently in America have disobeyed and also want special treatment.