Two weeks after the DC Circuit Court of Appeals ruled against the Owner Operators Independent Drivers Association (OOIDA) and the International Brotherhood of Teamsters attempt to put an end to the Cross Border Pilot Program with Mexico, rejecting all of their claims against the program, the question on many peoples minds is will they appeal the decision?
The Owner-Operator Independent Drivers Association has not yet decided whether to appeal a U.S. Circuit Court ruling that upheld the Mexico-U.S. cross-border pilot program for Mexican trucks, said Norita Taylor, spokeswoman for the group in response to inquiries from THE PACKER, an industry trade publication.
Would an appeal be possible? From our point of view, it’s highly unlikely to be accepted by the Court. They could ask for a rehearing, en banc, meaning before the full 9 Judge panel but that is generally granted only when consideration by the full court is necessary to maintain uniformity of its decisions, or when the case involves a question of exceptional importance.
And this case is far from being of “exceptional importance”. The 3 Judge panel ruled on all 13 of the arguments put forward by the appellants and found none of the, in the words of Judge Kavanaugh, “to be persuasive”.
In their petition for review, OOIDA erroneously stated;
The Association has adamantly opposed opening the border because Mexico has failed to institute regulations and enforcement programs that are even remotely similar to those in the United States and because there would be no relevant corresponding reciprocity for U.S. truckers.
Pure misinformation that OOIDA is famous for in regards to Mexican trucks. They obviously “overlooked” Mexico’s SCT publication of NOM-68 which mandates similar and in some cases stronger safety requirements for the Mexican transportation industry. The SCT is Mexico’s equivalent of the US DOT.
Paul Cullen Jr., with The Cullen Law Firm, OOIDA’s litigation counsel had this to say;
“The court has apparently read laws passed by Congress intended to establish greater safeguards to ensure Mexican truckers comply with U.S. laws and safety standards and construed to them to give FMCSA authority to accept less than full compliance with U.S. safety laws by Mexican truckers,” said Paul Cullen Jr., with The Cullen Law Firm, OOIDA’s litigation counsel.
We find that comment very amusing considering the requirements for participation in the Cross Border Pilot Program require full compliance with all US rules, regulations and laws in order to be accepted.
As for the Teamsters, they’re still discussing it with their attorney’s as they noted in their brief statement:
The International Brotherhood of Teamsters is disappointed in the court’s decision upholding the legality of the pilot program to open our borders to unsafe Mexican trucks. The union is reviewing its options with our attorneys.
Going out on a limb, it’s doubtful OOIDA nor Teamsters will pursue it further. The Court cited legal precedent, established law and the intent of Congress in arriving at their decision.
Truthfully, OOIDA Executive Vice President Todd Spencer and OOIDA President Jim Johnston think their opinions should take priority over the Courts well written decision, but fortunately, that is not the way our legal system works.
We’ll wait and see as the clock ticks down on their 30 days to file a request for a rehearing. And if it happens, you can be assured they’ll wait until the 30th day to file.
It would be an unfortunate waste of the members money to continue this charade which is not based on fact but on one mans bigotry and prejudice towards Hispanics.
This post is part of the thread: Mexico Cross Border Pilot Program – an ongoing story on this site. View the thread timeline for more context on this post.