Court Hears Arguments on Mexican Trucks Program

A federal appeals court heard arguments Tuesday whether the Bush administration can go ahead with the Transportation Department’s pilot Mexican trucks pilot program, the Associated Press reported.

Teamsters union members and supporters packed a courtroom at 9th U.S. Circuit Court of Appeals in San Francisco, where an apparently divided three-judge panel heard arguments in the case, which may boil down to the meaning of “establish,” AP said.

The DOT program allows some Mexican carriers to travel freely on U.S. highways, despite a new law by Congress against it. U.S. safety inspectors are required to certify the Mexican trucks and drivers before they enter the country, and the vehicles will be inspected at the border.

The Teamsters, Sierra Club and Public Citizen sued the administration in August to try to stop the program, which DOT set up as part of the North American Free Trade Agreement.

Congress passed legislation in December banning funding to “establish” a program that allows U.S.-certified Mexican trucks to carry loads across the border and into the country.

But DOT interpreted “establish” as meaning to start a new program rather than to stop the current program, which was launched in September.

One of the three judges said the congressional was unambiguous, AP said, and that its intention was to halt the program.

Another judge appeared to back the administration and DOT’s position that the new law only prevents new programs, while not addressing the current one, AP said.

The issue may ultimately hinge on the vote of the third judge, AP reported.

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