FMCSA refuses demand by OOIDA to delay cross border program with Mexico

Mexican truck in Nuevo Laredo
You'll soon being seeing safe, modern Mexican rigs driven by professional drivers on US highways as the US finally complies with it's obligations under NAFTA
It’s all procedural, but FMCSA has refused demands by the Owner Operators Independent Drivers Association (OOIDA) to halt implementation of the Cross Border Pilot Program pending resolution of the frivolous and baseless lawsuit filed against the agency earlier this month.

OOIDA’s legal counsel, Paul Cullen Sr. with The Cullen Law Firm, sent a letter to FMCSA on July 8 asking the agency to consent to stay the program pending resolution of the petition for review.

FMCSA’s counsel denied the request on July 13.

Under rules of procedure, OOIDA was  required to ask FMCSA for the stay because a party to such an appeal, (OOIDA) cannot ask the court for a stay unless it first asks the agency (FMCSA) and is turned down.

On July 6, OOIDA filed a petition for review with the U.S. Court of Appeals for the D.C. Circuit. OOIDA is demanding that the court  review the program and to “enjoin, set aside, suspend (in whole or in part), or determine the validity of the implementation of this program.”

OOIDA claims that “implementation of the pilot program is arbitrary, capricious and abuse of discretion and otherwise not in accordance with law.”

This is just another of OOIDA’s attempts to mislead the public and prevent the United States from complying with their obligations under NAFTA.

Implementation of the cross border program will finally put us in compliance and cause Mexico to lift the legal retaliatory tariff’s put on more than 90 US export good when the Obama administration defunded the previous pilot program. Those tariffs have cost Americans more than 25,000 jobs and 14% market share in the agriculture and manufacturing sectors.

OOIDA Executive Vice President Todd Spencers admitted in a “Call to Action” that neither the lawsuit, nor a bill before Congress, HR-2407 , has a snowballs chance in hell of stopping the program.

In their desperation, OOIDA resorted to filing this lawsuit which on it’s face is “arbitrary, capricious and frivolous” inasmuch as the issues raised have already been resolved by the US Supreme Court in the case “PUBLIC CITIZEN v FMCSA”  In the unanimous decision, SCOTUS sided with the defendants.

 

The D.C appeals court is likely to rule against OOIDA in this lawsuit also.
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