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Nov 21, 2007

MEXICANS' TRUCKS DEBATE * USA - DOT refutes petitioners' standing in Mexico trucking case

DOT has responded to petitions to halt its cross-border program

San Francisco,CAL,USA -The Trucker -20 Nov 2007: -- No harm, no foul — so say government attorneys representing the U.S. Department of Transportation and the Federal Motor Carriers Safety Administration. The DOT on Monday filed its response to petitions seeking to halt the NAFTA cross-border trucking demonstration program with Mexico... The government argues that neither the Owner-Operators Independent Drivers Association nor the Sierra Club, lead petitioners in the consolidated actions, demonstrates “the injury in fact” or “the particularized harm” necessary for Article III standing. The Constitution rule for federal court intervention prohibits the judiciary from acting in an advisory capacity... “The two declarations submitted by Sierra Club offer nothing more than the speculative conclusion that granting a limited number of Mexico-domiciled trucks broader access to U.S. highways will cause an increased likelihood of road accidents (a factual assertion contradicted by regulatory enforcement statistics collected by FMCSA),” the response states. “And OOIDA has presented neither declarations nor any other evidence" ... The filing, with the U.S. Court of Appeals for the Ninth Circuit here, goes on to argue FMCSA has met congressional mandates for the program, and that none of the commercial vehicle operational issues raised in the petition “poses any impediment” to continuing it...


* USA - Truckers say DOT living in denial, still - Response to petition not surprising to OOIDA
Grain Valley,MO,USA -Owner-Operator Independent Drivers Association, by Norita Taylor -Nov. 21, 2007: -- The Owner-Operator Independent Drivers Association (OOIDA) expressed little surprise about how the U.S. Department of Transportation (DOT) has responded to the legal challenge to stop the cross-border trucking program with Mexico... The DOT claims OOIDA’s petition has no standing... “It’s pretty much what we expected,” said OOIDA Regulatory Affairs Director Rick Craig. “Despite significant issues raised by Congress, ourselves and other credible organizations, DOT continues to assert a ‘We are the government so we are right’ mentality”...

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