Teamsters Union came up with arguments in the U.S Court of Appeals for the Ninth Circuit contesting FMCSA’s decision of opening the border for long-distance transport operations to carriers who are domiciled in México.
The case, brought to court support that Federal Motor Carrier Safety Administration’s reported to congress in Jan. 2015, infringed Administrative Procedures Act as its resolution, which allows Mexico domiciled carriers for operating equally as Canadian and U.S carriers, is capricious and arbitrary.
There was a lack of significant data collected from the program, which had the participation of just 13 carriers. Even the DOT Office of Inspector General released a report acknowledging that it was not possible to elaborate statistically important data in the pilot program.
The union affirmed that the OIG couldn’t have determined the safety performance of Mexican carriers in the future and that the pilot program was unsuccessful when testing the safety of long-distance operations coming from Mexico and travelling across the U.S, besides the commercial zones where Mexico domiciled trucks are already authorized to travel. Most of the data collected was from within those commercial zones.