Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Court Upholds Mexico Pilot Program

UPDATED- A federal appeals court upheld the Obama administration’s pilot program for long-distance trucking across the U.S.-Mexico border. The U.S. Court of Appeals for the District of Columbia Circuit denied petitions by the Owner-Operator Independent Drivers Association and the Teamsters union to declare the program illegal.

Oliver Patton
Oliver PattonFormer Washington Editor
Read Oliver's Posts
July 26, 2013
Court Upholds Mexico Pilot Program

 

3 min to read


UPDATED- A federal appeals court upheld the Obama administration’s pilot program for long-distance trucking across the U.S.-Mexico border.

The U.S. Court of Appeals for the District of Columbia Circuit denied petitions by the Owner-Operator Independent Drivers Association and the Teamsters union to declare the program illegal.

Ad Loading...

Judge Brett Kavanaugh, writing for the three-judge panel, said the court rejected all of OOIDA’s seven arguments plus an additional six posed by the Teamsters.

Both groups have been fighting the border opening since it was included in the North American Free Trade Agreement signed by the U.S. and Mexico in 1994.

The current pilot program permits Mexican carriers that have met safety standards set by the Federal Motor Carrier Safety Administration to provide long-distance service to and from the U.S. It is designed to prove that the agency’s standards will ensure safe operation by Mexican carriers.

The owner-operator group’s challenge revolved around three central points.

It contended that program should not allow Mexican drivers to use Mexican commercial licenses because that violates the requirement that drivers in the U.S. have a license issued by a state.

Ad Loading...

The court found that Congress decided that the Mexican commercial license would be the equivalent of a state CDL.

OOIDA also said the program does not require Mexican drivers to meet U.S. medical standards, but the court said the Mexican CDL system, which requires a medical exam every two years, provides proof that the driver is medically fit.

And the group said the program violates drug testing requirements by allowing specimens to be collected in Mexico. The court said the rule allows the specimens to be collected anywhere as long as they are processed at a certified lab.

The Teamsters added other arguments, which also failed.

The union said that the program does not require Mexican trucks to display a decal showing that they comply with U.S. safety standards.

Ad Loading...

The court replied that the law applies only for trucks that are imported into the U.S. or introduced into U.S. interstate commerce, and that the agency has ruled that these trucks do not fit into that description.

The union also said that vision tests given to Mexican drivers require them to recognize only red, while U.S. drivers must recognize red, yellow and green.

The court found that Mexican medical standards don’t have to be the same as U.S. standards.  Some Mexican standards are more stringent, and provide a level of safety that’s at least equivalent to the U.S. level, the court said.

And the Teamsters said the program does not include enough Mexican carriers to yield a statistically valid finding about safety, but the court rejected this argument because the agency has not limited the number of Mexican carriers that can participate.

In a separate ruling, another panel of judges on the court rejected an argument by OOIDA that the safety agency could not exempt Mexican or Canadian carriers from U.S. medical requirements.

Ad Loading...

It upheld the agency’s contention that applying U.S. requirements to the foreign carriers would violate executive agreements among the countries.

One judge, David Sentelle, dissented from this finding, arguing that the Supremacy Clause of the Constitution says the U.S. requirements should stand.

There are 12 Mexican carriers now running a total of 44 trucks in the cross-border pilot program.

More Drivers

SponsoredFebruary 1, 2026

Stop Watching Footage, Start Driving Results

6 intelligent dashcam tactics to improve safety and boost ROI

Read More →
DriversJanuary 23, 2026

What FMCSA’s New Enforcement Push Means for Fleets in 2026 [Podcast]

Listen as transportation attorney and TruckSafe Consulting President Brandon Wiseman joins the HDT Talks Trucking podcast to unpack the “regulatory turbulence” of last year and what it means for trucking fleets in 2026.

Read More →
DriversJanuary 20, 2026

How Pilot Is Using AI in Truck Maintenance

A practical look at how artificial intelligence is helping Pilot's trucking fleet move from reactive maintenance to a more proactive approach.

Read More →
Ad Loading...
SponsoredJanuary 19, 2026

3 New Ways Fleet Software Pays: ROI opportunities for modern fleet managers

Safety, uptime, and insurance costs directly impact profitability. This eBook looks at how fleet software is evolving to deliver real ROI through proactive maintenance, AI-powered video telematics, and real-time driver coaching. Learn how fleets are reducing crashes, defending claims, and using integrated data to make smarter operational decisions.

Read More →
SponsoredJanuary 19, 2026

Basic Tracking vs Next Generation Fleet Technology

Fleet software is getting more sophisticated and effective than ever, tying big data models together to transform maintenance, safety, and the value of your existing tech stack. Fleet technology upgrades are undoubtedly an investment, but updated technology can offer a much higher return. Read how upgrading your fleet technology can increase the return on your investment.

Read More →
Graphic showing smart truck parking technology with a highway sign reading “Spaces Available” and the Streetline logo.
Driversby News/Media ReleaseJanuary 16, 2026

Streetline Expands Smart Truck Parking System on West Coast

Streetline is expanding smart truck parking tools, including a new I-5 deployment in Washington and a no-upfront-cost pilot model for state DOTs.

Read More →
Ad Loading...
Truck parked at night
Driversby Deborah LockridgeJanuary 15, 2026

Third 'Jason's Law' Truck Parking Survey Under Way

The Federal Highway Administration is asking motor carriers and truck drivers to give input on where and when drivers have difficulty finding truck parking, and on how drivers prefer to get information on available parking.

Read More →
Driversby StaffJanuary 8, 2026

FMCSA Continues Focus on State Issuance of Non-Domiciled CDLs

The Federal Motor Carrier Safety Administration continues a crackdown on an increasing number of states it says have been issuing non-domiciled CDLs improperly.

Read More →
Driversby Deborah LockridgeDecember 30, 2025

Will FMCSA’s Driver-Oriented Enforcement Initiatives Affect Capacity?

The Department of Transportation and the Federal Motor Carrier Safety Administration took several actions in 2025 to tighten enforcement of regulations for commercial drivers. Will those affect trucking capacity in 2026?

Read More →
Ad Loading...
Driversby Deborah LockridgeDecember 15, 2025

Q&A: Lisa Kelly Explains Ice Road Trucking, Reality TV Editing, and Life as a Female Driver

Lisa Kelly talks to HDT about the return of the show Ice Road Truckers, what really happens on the ice roads, how reality TV shapes drivers’ stories, and the career she’s built beyond the show.

Read More →