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
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.

Ad Loading...

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.

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.

Ad Loading...

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.

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.

Ad Loading...

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.

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

Illustration incorporating a gavel, the back of a driver training trailer, and art showing a blue female shape standing out in a row of male shapes.
Driversby StaffAugust 11, 2026

EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training

KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.

Read More →
Safety & Complianceby Deborah LockridgeAugust 10, 2026

FMCSA Moves to Codify English Language Requirements for Commercial Drivers

By changing regulations on English-language proficiency requirements for commercial drivers, rather than relying on a guidance memo, the FMCSA said future administrations won't be able to walk back the Trump administration's stricter enforcement with just a memo.

Read More →
YouTube thumbnail showing two Western Star trucks with the text "Behind the Experience: Western Star Star Nation"
Equipmentby Lauren FletcherAugust 3, 2026

Drivers Put Western Star Trucks to the Test at Star Nation Experience

Watch to get an inside look at the Western Star trucks, technology, and community behind the Star Nation Experience 2026!

Read More →
Ad Loading...
American flag in background with photos of military truck and Freedom Haulers ad graphic
Driversby Deborah LockridgeJuly 30, 2026

Trump Administration Looks to Put More Veterans Behind the Wheel

The Freedom Haulers program pulls together existing and expanded programs at several federal agencies to recruit veterans to drive commercial heavy-duty trucks and cut the red tape for them to get a CDL, training, and employment.

Read More →
Equipmentby Jim ParkJuly 30, 2026

Putting Mack’s Command Steer to the Test

A test drive of Mack’s Command Steer active steering system evaluates how it can make truck driving easier and less tiring.

Read More →
Truck driver behind the wheel with illustration overlaid of someone handing out cash
Driversby Deborah LockridgeJuly 28, 2026

Competition Heating Up for Truck Drivers

New report reveals rising driver hiring costs, the return of sign-on bonuses, growing AI advantages, and the operational factors shaping driver retention.

Read More →
Ad Loading...
Line of gray semi trucks with Fraley & Schilling logo
Safety & ComplianceJuly 15, 2026

How Fraley & Schilling Improved Logbook Compliance by Over 50%

Fraley & Schilling needed a way to close a compliance workflow gap in its ELD system without adding more work from driver training, reminders, and back-office follow-ups. It found the answer in a custom driver app.

Read More →
Volvo American Truck Simulator.
Driversby News/Media ReleaseJuly 8, 2026

Volvo Goes Gaming

Volvo has roared into American Truck Simulator with two new flagship trucks.

Read More →
Two black men in safety vests walking together laughing in a truck fleet yard
Driversby Deborah LockridgeJuly 6, 2026

What the Best Fleets to Drive For Teach About Driver Retention

Survey fatigue, AI-powered routing, owner-operator expectations, and the decline of social media all emerged as themes from this year's Best Fleets to Drive For program.

Read More →
Ad Loading...
Podcast thumbnail showing Jane Jazrawy, the words "When Drivers Tune Out," and a line drawing of a truck.
DriversJuly 2, 2026

Driver Retention Lessons From the Best Fleets to Drive For

What separates trucking's best workplaces from the rest? Jane Jazrawy shares the biggest lessons from this year's Best Fleets to Drive For program on driver retention, communication, AI, and workforce trends on the HDT Talks Trucking podcast.

Read More →