In a boost to the Bush administration, the 9th U.S. Circuit Court of Appeals has given it the go-ahead to launch a pilot program enabling approximately 100 trucking companies from Mexico to ply their trucks anywhere in the U.S. for free for a period of one year.
In granting the go-ahead, the appeals court has effectively shot down the request made by three outfits, the Teamsters Union, the Sierra Club, and Public Citizen, a non profit agency, to ban the program. The court said none of these organizations had been able to meet the legalities required to stop the program instantly.
The Teamsters Union and the Sierra Club had earlier moved the court to halt the proposed government program, saying there would be inadequate oversight of the Mexican drivers entering the U.S. While denying their move, the court said the organizations were free to continue their appeals.
The two organizations, in papers filed earlier this week, also said the government, in its attempt to hurriedly be in compliance of sections of the North American Free Trade Agreement (NAFTA), was actually jeopardizing public safety with this move.
Per the NAFTA, carriers from the U.S.A., Canada, and Mexico are to be allowed to ply the roads in all the three countries. In keeping with this agreement, currently Canadian drivers have access to all American roads.
The Mexicans, on the other hand, have access to just about 20 miles of American roads, that too only at certain border locations like San Diego on and El Paso in Texas.
Lawyers for the administration said earlier in court that the non implementation of this move, though still at a demonstration stage, could strain relationships between the U.S.A. and Mexico. They said the move was a critical one in ensuring the U.S.A. fulfilled its NAFTA-related obligations.
Talking about the issue of safety, they said all Mexican drivers would be subject to the same tests as American drivers. Officials say safety regimens were at a maximum and included testing for drugs as well as alcohol.
While the Teamsters and Sierra Club are opposing the proposed move, the Federal Motor Carrier Safety Administration, the agency at the Department of Transportation saddled with overall management of the program heaved a sigh of relief, saying the ruling was a welcome one.
According to agency officials, the move would give a chance for American trucking companies to compete with their Mexican counterparts in Mexico. It further said it was still awaiting the final report from the inspector general. It was also awaiting reciprocation from Mexico, the agency said.
The U.C.C.s1-207:4 specifically states it is a privilege to drive for,"Industry, Trade, or Commercial purposes, and a federally administered license shall be required." ( read as CDL license) So unless these "foreign truckers have obtained a DOT CDL license, they can't legally operate commercial vehicles within the US borders.