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Teamsters’ lawsuit challenges border crossing program

Pilot program unable to predict Mexico-domiciled motor carrier safety, union asserts

Posted March 21, 2017

The Teamsters Union presented oral arguments in court on March 15, 2017, in an attempt to nullify a decision to allow Mexico-domiciled motor carriers entrance into the United States for long-haul operations.

The union group contends that the Federal Motor Carrier Safety Administration (FMCSA) moved ahead with its border crossing program in 2015 without significant data or evidence that Mexico-domiciled carriers operate at a level of safety equal to or greater than U.S. and Canadian carriers.

The Teamsters Union argued — before the United States Court of Appeals for the Ninth Circuit in San Francisco — that FMCSA’s report to Congress on its border crossing pilot program violated the Administrative Procedures Act since it drew conclusions without significant data. The pilot program used data from 13 participating carriers operating primarily within commercial zones.

The Teamsters Union cites the DOT Office of Inspector General (OIG) report on the FMCSA pilot program. The lack of significant data led OIG to indicate it was unable to accurately determine the future safety performance of Mexico-domiciled carriers.

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