Oral arguments are scheduled to be heard May 6, 2013 before the DC Circuit Court of Appeals in the latest and hopefully last frivolous and baseless lawsuit filed by Owner Operators Independent Drivers Association (OOIDA) in their attempt to bar Mexican carriers from the United States.
The action (Docket# 12-1264) nominally mentions Canada and Canadian drivers to hide the fact of OOIDA’s Jim Johnston’s bias against the Mexicans.
The lawsuit challenges Final Rule, National Registry of Certified Medical Examiners, published April 20, 2012, 77 Fed. Reg. 24104, Docket Number FMCSA-2008-0363, RIN 2126-AA97, by the Federal Motor Carrier Safety which supposedly will go into effect in July of 2014 requiring all US CDL holders to have a medical certificate issued by a medical provider listed on the registry. To date, not many medical providers have shown much interest in becoming certified.
OOIDA’s lawsuit challenges FMCSA’s supposed determination to permanently exempt outside of the Cross Border Pilot Program both Mexico and Canada-domiciled drivers from the same medical certification requirements.
The lawsuit, in essence seeks answers to these questions.
1. Whether FMCSA’s decision not to require commercial motor vehicle operators from Mexico or Canada to hold current valid medical certificates issued by persons listed on the national registry of medical examiners
exceeds their statutory authority and is not in accordance with law.
2. Whether a 1991 Memorandum of Understanding with Mexico created an obligation on the part of the United States with respect to the certification of medical qualifications for Mexican drivers that is in conflict with statutory
provisions enacted by Congress in 2005.
3. Assuming for the sake of argument that a conflict exists between the 2005 statutory enactment and any pre-existing international agreements with Canada or Mexico, whether the later-enacted statutory provisions abrogate any conflicting obligations under the previously negotiated international agreements.
There is no existing agreement with Canada concerning this issue. The 1991 Letter of Understanding with Mexico concerning the validity of Mexican Licencia Federal Conductor as being sufficiently equal to the US CDL is still in effect and was recently confirmed to be valid by a separate panel of the DC Circuit who threw out all arguments against he Mexican Pilot Program advanced by OOIDA and Teamsters.
We predict this lawsuit like the others will be summarily tossed by the Court as have all other suits filed by OOIDA in which they’ve lost. If for no other reason than the rule concerning certified medical examiners is not in force at this time and will no become active until long after a decision is reached.
Even in the wake of the DC Circuit Court of Appeals not unexpected ruling against OOIDA and Teamsters attempts to stop the Cross Border Pilot Program with Mexico, The incompetent Executive Vice President of OOIDA was on the Dave Nemo Infomercial letting everyone that would listen know that he knew more than the three judge panel of the Appeals Court. And it was nothing new. The same tired old harangue that has been debunked more times than one can count, believed only by Spencer himself. “Mexico not held to the same standards as US trucks”. “Medical requirements much lower than US standards”. You’ve all heard the spiel and most of us know by now when Mr. Spencer is lying to us. That snide little chuckle that accompanies his words.