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Home/American Shipper/Teamsters? stay denied, Mexican trucks set to roll into U.S.American ShipperTeamsters? stay denied, Mexican trucks set to roll into U.S.FreightWaves Staff·Sunday,

September 02, 2007

TeamstersÆ stay denied, Mexican trucks set to roll into U.S.

Upwards of 1,000 Mexican-domiciled trucks could be rolling across U.S. highways as early as Thursday, following last Friday's dismissal of a Sierra Club and International Brotherhood of

Teamsters lawsuit to stop the Bush administration pilot program.    The Sierra Club and Teamsters, along with groups such as Public Citizen and the Owner-Operator Independent Drivers

Association, sought an emergency stay of the Department of Transportation's one-year test program that will allow trucks from 100 pre-screened Mexican carriers to travel well beyond the

current 25-mile U.S./Mexican border restriction zone.    In the court request, the groups claimed the DOT's decision last month to forge ahead with the plan defied Congress’ vote to block

the program. Members of Congress had required the DOT’s Inspector General to conduct a full review of the plan and assure that proper safeguards such as vehicle safety were in place.    The

Federal Appeal's Court decision means the DOT could allow the pre-screened Mexican trucks across the border as early as Thursday. The DOT Inspector General plans to release his second report

on the program today, which according to the administration would fulfill the requirements of the Congressional vote.    “The court’s prompt decision denying an emergency stay is welcome

news for U.S. truck drivers anxious to compete south of the border, and U.S. consumers eager to realize the savings of more efficient shipments with one of our largest trading partners,”

said the DOT in a statement. “However, we still must wait for the Inspector General’s new assessment, respond to that report and have Mexico begin giving U.S. trucking companies access

before we can begin this program.”    Another point of contention over the pilot program — reciprocal access for U.S. trucks into Mexico — also does not appear to be an obstacle, as the

Mexican government is finalizing rules to grant U.S. carriers hauling rights in Mexico.    Following Friday's rebuke by the Appeal's Court, the Teamsters and others involve in the stay

request vowed to continue litigation to stop the program.    “That lawsuit will proceed, and the court will address the lawfulness of the pilot program after full briefing and argument,' a

Public Citizen official told Today's Trucking News. The group also pointed out that in denying the stay, the three-member court panel did not address the actual merits of the groups' claims

against the program.    'We are hopeful that the court will agree with us that the pilot program fails to meet the requirements set by Congress,” the Public Citizen official said regarding

further litigation.    Early in August, the DOT Inspector General released a report finding that the system used to monitor Mexico-domiciled carrier drivers with license convictions is not

yet adequate to meet U.S. standards. Officials still do not have the data necessary, the report said, to identify drivers not permitted to operate on U.S. highways. The report mirrored oth

er Teamsters' concerns of the plan saying that the system designed to ensure that Mexico-domiciled carriers comply with U.S. motor vehicle manufacturing safety standards is incomplete, and

it is not clear whether the drug and alcohol-testing program is functional.    Opening the U.S.-Mexican borders to trucks was mandated to occur by 2000 under the North American Free Trade

Agreement signed by the United States, Mexico and Canada in 1993. After the U.S. government failed to implement the truck provisions regarding Mexico, a NAFTA tribunal declared in 2001 that

the United States must meet the provisions of the treaty regarding Mexican vehicles. Efforts in the legislature and courtrooms since 2001 have kept the Mexican trucks limited to the narrow

commercial zones along the U.S.-Mexico border.    The DOT announcement of the pilot program in February led to months of contentious public debate, Congressional legislation and lawsuits

from business and civic groups to stop or slow the plan. The criticism culminated in late May, with Congress adding an amendment to an Iraq War funding bill that placed stringent criteria on

any plan to allow Mexican trucks further egress into the U.S. The bill passed and was signed by the president.    In early June, a bipartisan collection of more than 100 House members

signed a letter delivered to the president expressing 'grave concerns' about the administration's continuing efforts to move the plan toward a launch date.    Later the same month, the DOT's

plans received a more serious blow, with the U.S. House voting to limit funding to the proposed program. The voice vote to amend the 2008 Transportation-Housing and Urban Development

appropriations bill said: 'None of the funds made available under this act may be used to establish or implement a cross-border motor carrier demonstration or pilot project or program to

allow Mexico-domiciled motor carriers to operate beyond the commercial zones on the United States-Mexico border.' The amendment was the third effort by Congressional representatives to end

the program before it began.    The bill is earmarked for debate on the floor of the Senate before the current fiscal year ends on Sept. 30.