Court to hear cross-border challenge
Feb 8, 2008 9:49 AM
The argument to prevent Mexico-domiciled carriers from transporting products in the United States is once again in the courthouse, according to information from the Owner-Operator Independent Drivers Association (OOIDA).
The US Court of Appeals for the 9th Circuit in San Francisco CA is scheduled February 12 to hear oral arguments by OOIDA and others to prevent the carriers from operating in the United States, according to OOIDA information.
OOIDA, the Sierra Club, Public Citizen, Teamsters, and other advocacy groups oppose the Mexico/US truck cross-border program instituted by the Department of Transportation as part of the North American Free Trade Agreement (NAFTA) and have filed various lawsuits to stop the border crossing.
In August 2007, one challenge was denied by the 9th Circuit Court. The court said that the petitioners did not satisfy the legal requirements for a stay that would have prevented carriers from Mexico entering the United States.
The issue also has prompted outcries from some members of Congress, who voted to deny funding for the program. The action was included in the $555 billion omnibus-spending bill signed into law December 26, 2007, by President Bush.
Nevertheless, DOT has authorized several Mexican-domiciled carriers to operate within the United States and the Federal Motor Carrier Safety Administration (FMCSA) has posted the list online at fmcsa.dot.gov. At the same time, FMCSA notes that effective February 1, 2008, Trinity Industries de Mexico S de R L de CV withdrew from the project and reinstated its OP-2 commercial zone authority. OOIDA said it called into question the safety records of Trinity when it filed the latest brief in the 9th Circuit Court December 3, 2007.
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