The Owner-Operator Independent Drivers Association has asked a federal court for a ruling on the association's legal challenge to the Mexican trucking pilot program.


Funding for the controversial program was cut off recently in legislation signed by President Obama, but the administration is working on a new cross-border program, needed to fulfill the requirements of the North American Free Trade Agreement.

In a letter to the 9th Circuit Court of Appeals in San Francisco, OOIDA argued that unless a ruling is handed down on the lawfulness of that program, the government could use invalid data to support a more expansive cross-border trucking program. The association contends that the previous U.S. Department of Transportation Secretary had unlawfully granted Mexico-based motor carriers exceptions to U.S. safety regulations.

The court had asked the parties of the lawsuit to file short briefs about the effect on the litigation of Congress's action to pull funding for the pilot program. Other parties to the suit, including the Teamsters and Sierra Club, told the court that this Congressional action, and the DOT's subsequent termination of the pilot program, rendered the legal action "moot" - no longer requiring a decision by the court.

However, OOIDA disagrees, believing that the issue is still relevant and a decision from the court could benefit future programs by setting standards for safety and security.

"We want to make sure that the exceptions granted by the Bush administration are ruled as illegal and considered invalid so they do not get used again in future programs allowing Mexican trucks to operate throughout the United States," said Jim Johnston, president of OOIDA.

Johnston said NAFTA does not require the United States to make exceptions for safety and security.