OOIDA asks Supreme Court to hear cross-border trucking case

| November 05, 2013

mexicoUntitled-1The Owner-Operator Independent Drivers Association has petitioned to the U.S. Supreme Court to hear the group’s case against the Federal Motor Carrier Safety Administration’s cross-border trucking pilot program with Mexico. 

A federal court in July ruled in FMCSA’s favor in the case, saying the cross-border program could continue. OOIDA and the Teamsters brought the suit due to what it said amounted to lack of qualifications of Mexican drivers in the program, as they had not been issued commercial drivers licenses by a U.S. state. 

Related

Mexican carriers fare well on safety data

Long-haul and drayage Mexican carriers entering the United States have generally lower out-of-service rates than their American counterparts, according to current federal data.

Judge Brett Kavanaugh, who wrote the opinion on behalf of the three-judge panel that heard the case, said Congress had previously decided that Mexico-issued licenses would be viewed the same as state-issued CDLs. 

OOIDA’s other case against the cross-border program — which alleged Mexican drivers were not held to the same safety and health standards as U.S. drivers — was also struck down by the same three-judge panel.

The Teamsters had alleged in the case there was not enough data available to properly judge the safety practices of the Mexican drivers in the program. The panel ruled FMCSA had “met its obligation” to include enough participants to gather safety data. 

OOIDA has asked for a response from the Supreme Court by the end of November. Click here to see its petition.

  • redhead

    well duh – of course mexican carriers have lower out of service rates – mexico doesn’t consider them public enemy #1 or ATM machines. when you are held to a lower standard and enforcement doesn’t harrass you as a way to make money, your gonna have great out-of-service rates!!!!

  • Pedro

    Yawn….

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

    Problem is Redhead, it is proven they are held to a much higher standard than US and Canadian carriers.

    It’s going to be interesting to watch this, providing SCOTUS accepts the petition. In the highly unlikely event that should occur, and the even less likely event that OOIDA would prevail, this would also effect the Canadian drivers who enjoy unfettered access to this country.

    Damned shame one irrelevant little mans bigotry is wasting members and taxpayers money on this BS

  • guest

    If a Driver rubs brown shoe polish on his Face he willNever be stopped or questioned in America…simple remedy.

  • guest

    It is Plain and Simple…Government and Big Money Shippers WANT cheap mexican labor in Trucking. They will continue doing anything and everything until Every Truck in America is filled with 2 smiling mexican drivers…..Pedro and Jose driving 24 hours a day and sending their tiny paychecks back to their Familias in Tijuana…….Gov is doing their damndest to drive every single Non Mexican the Hell Out of trucking and they are succeeding. The smart bet and less stressful and obvious choice is to work in an industry that is Not YET over run with Mexicans. They would NOT be in America if LABOR, Business, and Gov were not in Love with the idea of the Cheap labor they will Provide for the Rich to get Richer.

  • Certifiably Nutty

    Here is what I don’t understand…US drivers have to comply with a whole list of rules and regulations, why shouldn’t the same standard apply to cross border truckers? You want to enter the country? Fine…your truck must immediately be inspected, we need to see your log book, please provide all certifications indicating that you have met the requirements necessary to operate your vehicle within the US, oh and proof of insurance.

    Of course, doing something like this would be probably considered racist because it would impact Mexicans the most. But so what, that’s the price you pay if you want to earn US dollars operating your vehicle in the US. Don’t like it? Fine, stay south of the border amigo!

  • Kevin J. Reidy

    Years ago, before northern Mexican cities became drug cartel shooting galleries, one could easily find someone to make you a fake Mexican driver’s license for just a few bucks, with your picture on it and a new name.
    I assume that is still the case.

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

    How about that. all those things are required already.

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

    You can probably get a fake license as you describe, but first time it’s run through in of the databases you’re in a world of shit.

  • g

    The Supreme Court will gladly lick the butt of every mexican in line to drive truck into America….They are put into their positions of Power by the same intersts that DEMAND more and more cheap labor mexicans be sent to America to fatten the bank accounts of crooked “businessmen”. The Floodgates will remain Wide Open to the cheap labor foreigners for eternity…..the camels nose is under the tent…their will be MILLIONS of low paid mexicans driving everywhere doing anything they please from now on.

  • Kevin J. Reidy

    There’s the rub,

    Mexican federal databases containing CMV driver information were not accessible or compatible with U.S. databases when the program first went into action, there was no real way for any LEO in this country to ascertain if the driver was who he said he was, let alone held a valid operator’s license.

    They had to take any document presented by the Mexican CMV driver at face value

    It was one of the reasons the Feds were sued over the cross-border program, and their answer was “we’re working on it with Mexican authorities”.

  • g

    Yep the feds are “working” hand in hand with Big Money to bring cheap labor mexicans into trucking at any cost to America…..nobody knows WHO these mexicans are or what their background is….FMCSA is willing to turn a Blind Eye to all that..but will chase an American to hell on a Mud flap violation.

  • Certifiably Nutty

    Yet not enforced equally.

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

    Much of that is OOIDA BS… While in the beginning, the US and Mexican CDLIS systems had trouble exchanging data, there existed and still exists a method that any LEO, or the general public could check the validity and history of a Licensia Federal. All you need is the License number and the Medical Card number which is part of the Mexican CDL and input it here.

    http://aplicaciones9.sct.gob.mx/ConsultaInfracciones/detalleLicFederal.do

    It will return you all the information you need to ascertain the validity and status of the license including a photo of the licensee..

  • Kevin J. Reidy

    I see that you did not actually read what I posted. Not surprising, coming from one of the biggest pro-Mexican trucking trolls on the web.

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