The U.S. Court of Appeals for the Ninth Circuit has sided with the FMCSA and against OOIDA and union groups in their latest clash over Mexican cross border trucking.
Trucking Groups Argue That Participation In Pilot Program Was Not Sufficient
From October 14, 2011, through October 10, 2014, the FMCSA carried out the United States-Mexico Cross-Border Long-Haul Trucking Pilot Program. This pilot program was required by Congress in order for the FMCSA to issue permits to cross border trucking companies based in Mexico. The purpose of the pilot program was to determine whether Mexican carriers could operate safely within the U.S.
Only 15 Mexican carriers participated in the pilot program in three years. In that time, according to a DOT press release, “The carriers in the program crossed the border 28,000 times, traveled more than 1.5 million miles, and underwent more than 5,500 inspections.” The FMCSA stated that the pilot program carriers “met the level of safety as American and Canadian-domiciled motor carriers.”
The International Brotherhood of Teamsters and OOIDA have long been opposed to the program and argued in court that the FMCSA’s pilot program was based on a faulty study that did not include enough trucking companies to come to a fair conclusion. The Teamsters have voiced concerns about the safety of cross border Mexican carriers for years now.
Court Rules In Favor Of DOT, Mexican Carriers
The Ninth Circuit Court ruled late last month that Congress did not impose any requirements for the number of companies participating in the pilot program. Further, the court claims that it does not have the authority to overturn the FMCSA’s power to grant permits for cross-border trucking.