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Court sets date for oral arguments in cases seeking to end Mexico project

To date, only eight Mexico-domiciled carriers have been granted operating authority by the Federal Motor Carrier Safety Administration to participate in the three-year project, which is entering its second year, according to a report on the FMCSA website. (The Trucker file photo).

The Trucker Staff

10/22/2012

WASHINGTON — The U.S. Circuit Court of Appeals for the District of Columbia will hear oral arguments Dec. 6 in two lawsuits seeking to stop the U.S.-Mexico cross-border demonstration pilot project.

Both the Owner-Operator Independent Drivers Association (OOIDA) and the Teamsters union claim that the pilot program does not comply with U.S. federal safety laws and regulations and want it shut down.

To date, only eight Mexico-domiciled carriers have been granted operating authority by the Federal Motor Carrier Safety Administration to participate in the three-year project, which is entering its second year. According to a report on the FMCSA website, that's far short of the 46 carriers the FMCSA said would need to sign up in order to assure the 4,100 inspections necessary to accurately gauge the program’s success.

Last month, an agency spokesperson said the FMCSA still expected to achieve sufficient participation in the program.

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The spokesperson said the FMCSA was working with the Secretaría de Comunicaciones y Transportes, Mexico’s government agency that regulates commercial truck safety, to provide information to interested companies. FMCSA has also held meetings with CANACAR, Mexico’s trucking association, to share information on the cross-border program.

As of Monday, FMCSA records show there have been 183 border crossings and 163 inspections.

Federal judges Karen LeCraft Henderson, Judith W. Rogers and Brett M. Kavanaugh will hear the arguments.  

The Trucker staff can be reached for comment at editor@thetrucker.com.

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