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DOT Cross Border Trucking Program

Case Summary

Case Name:

Owner-Operator Independent Drivers Associations, Inc. v. United States Department of Transportation; Federal Motor Carrier Safety Administration; Raymond H. LaHood, Secretary of US Department of Transportation; Anne S. Ferro, Administrator of the Federal Motor Carrier Safety Administration; and the United States of America

Court Name:

United States Court of Appeals for the District of Columbia Circuit

Case Filed:

7/6/2011

Case Settled:

1/13/2014

Allegations

On July 6, 2011, the FMCSA completed the final agency action implementing a pilot program allowing Mexican-domiciled motor carriers to haul shipments throughout the United States.  OOIDA filed its Petition for Review for a final determination by FMCSA to proceed with the pilot program the same day. 

OOIDA requested that the FMCSA consent to a stay pending the resolution of the Petition for Review.  FMCSA denied OOIDA’s application for stay pending appeal.  OOIDA filed its Petition for Review of Final Agency Action with the U.S. Court of Appeals in the DC circuit on July 26, 2011.  OOIDA challenged FMCSA’s action granting operating authority to Mexican-domiciled motor carriers contrary to 49 U.S.C. § 13902, commencing a pilot program under 49 U.S.C. § 31315(c) and granting de facto exemptions from the FMCSA and DOT drug testing rules without following the requirements of 49 U.S.C. § 31315(b) and 49 C.F.R. Part 381 or 49 C.F.R. 40.7.

At the request of OOIDA, the United States Supreme Court reviewed the decision. Certiorari was denied on January 13, 2014. Case is closed.

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