9th Circuit | Mexico Trucker Online

Apr 20

Ninth Circuit Rejects OOIDA lawsuit over Cross Border Trucking Program

By PMC General Comments Off

The Ninth Circuit Court of Appeals today dismissed a lawsuit filed by the Owner-Operator Independent Drivers Association against the Department of Transportation in connection with the Cross Border Demonstration Project.

The court ruled the lawsuit was moot because Congress recently ended the program.

OOIDA immediately went into whining mode the ruling, but the association said it had faith that Congress will continue to place a high priority on the safety and well-being of the American public.
_{(Make that read we will continue to bombard Congress with lies and misinformation to push our agenda)}

OOIDA contends the trucking pilot program had extended illegal, de facto exemptions to safety laws while allowing Mexico-based trucking companies and truck drivers to operate on highways throughout the United States. However, no illegal “de facto” exemptions were ever extended to the participants in the Cross Border Program. This was but another unfounded misrepresentation by OOIDA executives.

In late March, OOIDA had asked for the court to rule on arguments related to the long-standing legal challenge to ensure that the DOT would not rely on flawed data from the terminated pilot program to evaluate or develop a new program. In response to OOIDA’s arguments, the Department of Justice submitted a brief to the court on April 2 stating that such action by the DOT could be contested in a challenge to a new program.

Jun 02

OOIDA - Good for a laugh on occasion

By PMC Media & Talk Radio Comments Off

I couldn’t help but break out laughing, or as Stevie Sommers puts it, “chuckle”, listening to OOIDA and LandlineNow on XM-171 last Thursday, I think it was, when they brought up the almost dead subject of the Cross Border Program.

I think Mark Reddig was talking with their Washington lobbyist about the status of the program and the comment was made;

All of us at OOIDA are working full time to see this program is stopped in it’s tracks!

Yep, 10 months into the program, and they’re working full time to stop a program that has been successful beyond even what I had imagined.

There have not been the tens of thousand of dangerous and broke down Mexican trucks invading the United States as promised by Joan Claybrook of Public Citizen.

The drayage trucks used within the border commercial zones have not ventured beyond that zone nor have they applied for acceptance into the program by the OP-1MX application process, as Todd Spencer of OOIDA would have you believe.

The trucks participating in the program have done so safely and without apparent accidents and incidents, contrary to what Jimmy Hoffa of the Teamsters would have you believe.

And yes, it appears participation is less than expected. And there could be a reason for that.

Mexican carrier executives are no different from their American and Canadian counterparts. They are in business to make money. If they don’t see the opportunity, they are not going to participate.

Fernando Paez of Transportes Olympics of Apodaca Nuevo Leon is a prime example. He has contracts with RegioMontano Steel of Monterrey to service their customers in the US and to return to Monterrey with raw materials for that customers. This he has done and done so with great success. And has his entry into the US freight market caused any economic hardship on American carriers or depressed the rates? Doubtful! Melton Truck lines hauls the same product and their terminal in Laredo Texas is full of trailer with the same product.

The carrier out of Mexicali, Transportes Rafa, with an account to provide a customer in California’s Central Valley with fruit baskets. How many American carriers are lined up to take this business away from the Rafa Bros.? Not many!

It was said by all the critics that these trucks would be used to transport drugs and illegals into the country and indeed, some of the South Arkansas tin hat crowd suggested nuclear materials for weapons. Guess what! Non of this has happened and won’t!

Sure, there have been stories of trucks being stopped and discovered to have drugs or illegals in them. But it has been proven here and on official government sites that the drugs and illegals come across the border by other means, stockpiled in safe houses until an American trucker, looking for a little quick cash, is stupid enough to accept a load.

Some are suggesting that FMCSA will try to extend the program by a year or two in order to bolster the statistics. Personally, I would think a year without accident or incident, coupled with the Mexican governments own safety statistics (yes, they do have databases) would be enough to prove the opposition to the program is a moot point.

And keeping in mind, after a successful year of the program, and I measure success by the no accident or incident statistics, it is going to be extremely difficult to justify pulling the plug on the program.

The big myth in all of this is that the Mexican carriers can operate cheaper and therefore undercut US rates which is not the case. Sure, they pay their drivers a little less than US carriers, but they also pay those drivers a per diem, cover their Social Security payments and have other perks that go with the job.

And when you consider the additional expenses required to enter into the program, obtain US operating authority, the high cost of US insurance, their costs of operations are equal to or slightly more than ours.

It’s all good business and those that would ignore that fact are the foolish ones. But we all know that OOIDA and others will continue to throw around false information and we will be here to debunk the myths with facts backed up by photos. That has been the success of Mexico Trucker.

Not to think I am totally down on OOIDA. They have apparently done some good fighting the new CARB restrictions in California. Their support of the TRUCC acts moving through Congress at the moment is a good thing for all the good they will do any of us. It is a panacea to a problem with roots deeper than these bills address. But on the issue of Mexican trucks, they are dead wrong and continually prove this by throwing out all the exaggerated misinformation.

We’ll all sit back and wait, but in my mind, we have much more important things to worry about at the moment.

Tagged with: 9th Circuit • Cross Border Program • FMCSA • gallery • Mark Reddig • Mexican trucks • OOIDA

Feb 16

Audio of 9th Circuit Cross Border arguments available here

By PMC General Comments Off

It’s one thing to try to recount a happening from news report and another to be able to listen to it as it unfolds.

That is the case here with the oral arguments before the 9th Circuit in the Cross Border case.

Feel free to download the file or listen to it on the site here and form your own opinion.

Several things jump out at me and run counter to OOIDA’s suggestion that they will prevail in this case.

Right out of the gate, one of the Justices asks the lawyer representing the Teamsters, Public Citizen and Sierra Club, what justification that Sierra Club has in being a party to this action. And the lawyer has no good and ready answer. The Justice makes mention of the fact that could it be, they only want to share in fees if they win? Good point! And it also goes to their standing in the cause, of which apparently, they have none since they do not stand to be damaged by Mexican trucks in this country. And when you think of it, neither do any of the others.

One of the points OOIDA has continuously maintained, is that 5 states are not prepared to enforce the rules when it concerns Mexican trucks. When the lawyers were asked by the panel what states these were, none could answer. How wild is that? And this has been one of OOIDA complaints!

It did seem that the Justices were interested if these were states along the border or inland and seemed satisfied to learn they were inland states which lessened the impact of this issue.

As the attorney for the government pointed out, all trucks crossing the southern border (OP-1 authority) or screened for 1. a valid commercial license, 2. a valid CVSA inspection sticker and finally, their ability to communicate in English. This seemed to satisfy the three Judge panel on this issue.

And finally, Paul Cullen continued to try to confuse and muddle the issue by trying to convince the jurists that the rules required all Mexican drivers to have a US CDL, which is not the case. Were this true, then the same could be required for the Canadians. He didn’t seem to make many browning points with this approach.

And it was odd, that the attorney representing Teamsters and Public Citizen appeared to be trying to get into a pissing match with the panel from the beginning. From the sound of things, he stepped on his dick.

You folks decide. Here is the audio file from the hearing

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Tagged with: 9th Circuit • Oral arguments • Podcast

Feb 16

They’ve had their day in Court. 9th Circuit hears oral arguments

By PMC Cross Border Program, Legal Actions, Opinions Comments Off

So that’s over and done with, and truthfully, it is all anti-climatic.

On Tuesday, February 12, the 9th Circuit heard oral arguments on the frivolous lawsuit brought before it by the Teamsters, OOIDA, Sierra Club and Public Citizen.

The day started with members of the Teamsters showing their ass in a demonstration in front of the Federal Courthouse. The Teamsters claim 450 in attendance but other news sources put the attendance at around 100, a fact that photos of the event seem to sustain.

At least a hundred Teamsters rallied outside the courthouse before the hearing. Teamsters carried signs that read “NAFTA Kills” and “Fire Mary Peters.”

At issue is the legality of the program and this will all center around the definition of the word “establish”. One Justice seems to think that the wording to the amendment is “unambiguous” while a second Justice supports the fact that it does not apply to this program which was established before the amendment was inserted into the Omnibus Spending Bill. The third Justice has not let his thoughts on the matter be known.

But the arguments went all over the place, each one more idiotic than the one before it.

OOIDA claimed that Mexican trucks are not held to the same safety standards as US trucks and in a manner of speaking, they are correct. Evidence shows that Mexican carriers are held to a slightly higher standard than US and Canadian trucks in regards to the fact that they must pass a Pre Authorization Safety Audit before receiving OP-1 authority to operate in the US, as opposed to US and Canadian trucks who are issued provisional authority pending their first audit in 18 months.

They also questioned the differences in US CDL’s and Mexican Licencia Federal de Conductores which is a non issue. In a mutual agreement signed in 1992, it was acknowledged that the Licencia Federal is basically the same as the US CDL.

Jimmy Hoffa began the week with a media blitz of misinformation and deliberate lies. People do this when they fear they are on the losing end of the argument.

In the Detroit News and again in the Arizona Republic, Hoffa’s comments were published. He made reference to the accident on the Pharr-Reynosa bridge last month, which had absolutely nothing to do with the cross border program nor the carriers involved in the project. In another article, he mentions the Coahuila truck explosion last year and insinuates that this is indicative of the Mexican transportation industry, while failing to note that the cause of that accident was a four wheeler returning from a beer run and hitting the tractor trailer while making an illegal pass.

The Teamsters also had a “victim” tell his story of losing family members to a “Mexican Truck” accident which according to Hoffa, could have been prevented. But no evidence nor further comment to establish this. The Teamsters as usual are full of insinuations but short on facts to back up their assertions.

The Justices asked interesting questions, such as the validity of OOIDA’s claims regarding SAFERSYS stats that predate the program. Todd Spencer has continually used twisted facts and anecdotal evidence concerning the Border shuttle fleets to convince the American public that these are the trucks which will participate in the program.

So now we wait! If you are holding your breath thinking a decision is imminent, don’t! Remember the appeals before the 5th Circuit of the two convicted felons Ramos and Compean? Their supporters thought they would be out by Christmas? Still no word after three months and 5th Circuit is a much smaller Court.

And if the 9th Circuit rules in favor of the Plaintiffs, will that put an immediate end to the Pilot Program? Not on your life. The Government can ask for a hearing before the full court which will delay it further. And the 9th has shown time and again their unwillingness to issue an injunction in this case.

And from the words of Jimmy Hoffa, and the scare tactics being employed by Joan Claybrook and others, It appears they realize that they may be on the losing end, as they well should be.

Public Citizen has put up a copycat website, Stop Nafta Trucks where they have this silly little Youtube video purporting to be Mexican truck accidents. In reality, with the exception of the opening scene, these are all accidents which have occurred on US highways by US carriers. They’ve all made the news.

As a spokesman for FMCSA pointed out, “This is what you do when the facts are not on your side and you continue to lose in Court”! Very true words.

Tagged with: 9th Circuit • cross border • FMCSA • Teamsters