OOIDA, FMCSA, Supreme Court and the Cross Border Program

The Supreme Court is considering hearing the case against the FMCSA and the Cross-Border Program after OOIDA elevated the case with appeals. In July, one court of appeals ruled in favor of the FMCSA and . But OOIDA doesn't take "no" for an answer, and now the case may be heard by the Supreme Court. OOIDA want to have the Cross-Border Program shut down. The Cross Border program allows Mexican carriers to deliver inside of the US. It the first lawsuit, OOIDA challenged the legitimacy of a Mexican CDL, and claims that the drug testing and vision tests on Mexican drivers are subpar and therefore raising the question of the safetey of Mexican drivers on American soil.  In the second lawsuit, OOIDA claims that since the Mexican drivers don't have to have a medical clearance and are therefore held to lower standards than American drivers. The cross boarder program only has 14 eligible carriers, and two applications pending. The FMCSA states that it needs at least 46 carriers in order to perform 4100 inspections before it can "provide a statistically valid analysis of the participant’s safety performance. According to this year’s Department of Agriculture third-quarter report, Mexico has threatened that if the program is disruped, Mexico will reinstate retaliatory tarrifs.  Read more here.

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