Source: NATIONAL ASSOC. OF STATE DEPTS. OF AGRICULTURE, 9/3/13

Inside U.S. Trade is reporting this morning that the International Brotherhood of Teamsters maybe backing away from an effort to kill the federal cross-border trucking program, opting instead to focus on greater congressional oversight of the program. The move comes in response to the latest appeals court action denying a rehearing of their case against the Federal Motor Carriers Safety Administration (FMCSA). While the next step would be to elevate the case to the U.S. Supreme Court, the court is unlikely to take up the case based on its history with trade related cases.

In July, the U.S. Court of Appeals in Washington upheld a federal cross-border trucking program that allows certain Mexican trucks to operate in the U.S.. The court rejected challenges to the program from the Teamsters union and Owner-Operator Independent Drivers Association owner-operators (OOIDA). The decision followed an appellate court ruling in April that also upheld the program. The Teamsters and OOIDA had asked for a rehearing by the court panel or the full court but a three-judge panel denied the request.

The OOIDA and the Teamsters union had advanced several arguments challenging the legality of the cross-border trucking program, including the validity of Mexican commercial driver’s licenses, medical requirements and drug testing programs under U.S. law, and that the FMCSA program is too small to be “scientifically valid.” However, the appellate court rejected these challenges.

“An unlimited number of trucking companies may participate in the program,” the court said in its ruling. “Whether Mexico-domiciled trucking companies ultimately avail themselves of the opportunity is outside the agency’s control.” The court also pointed out that Mexico offers reciprocal legal authority under the program to U.S. carriers wanting to deliver or pick up goods south of the border.

The Court’s ruling give a green light to FMCSA to move forward with the program. Since its inception in 2011, twelve Mexican motor carriers have been approved to participate in the FMCSA program and have made more than 4,000 border crossings. The 2011 program was instituted after Mexico placed $2.4 billion of tariffs on U. S. products following a move by Congress to end a Bush administration cross-border trucking pilot project with Mexico that had been in place since 2007. Both pilot projects were established to comply with cross-border trucking provisions of the 1993 North American Free Trade Agreement.