President Bush signed the $555 Omnibus Spending bill despite misgivings about the record 9000 special earmarks included. Included in the bill was a small paragraph that opponents of the program celebrated as the end to the cross border program.

Moments later, FMCSA issued a press release making known their intent to carry forward with program.

FMCSA made it clear they were following the wording of the amendment which stated:

“None of the funds made available under this Act may be used to establish a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico.”

That was it. The amendment in it’s entirety and FMCSA has promised not to establish any more Demonstration Programs with Mexico in FY2008, bless their little pea pickin hearts.

And as expected, the folks at OOIDA, Public Citizen and the Teamsters were busy scrambling for the Tums and calling their lawyers, promising to pursue the issue vigorously in the courts.

Teamster, OOIDA and the Sierra Club have pending legislation before the 9th Circuit in San Francisco. Oral arguments are expected in the first quarter of 2008.

I believe we’ll see this program play out to it’s one year conclusion. Based on my research, which is continually validated as events play out, the lawsuit lacks merit and FMCSA position seems well documented and strong.

To date, we have not seen a mad dash as Mexican carriers “invade” America. We’ve seen carriers from Mexico servicing their Mexican customers and contracts without interfering with the American transportation industry.

There have been no reports of accidents nor incidents with this group of trucks nor do I expect any.  Come to think of it, you don’t hear of any major problems with the other800 + companies who have been exempted from the 1982 moratorium. That’s more than 25 years. An impressive accomplishment.

So what are we looking at as 2008 comes into focus?

Most certainly, the opposition will be filing frivolous requests for “Emergency Relief”, for which I predict, they will be unsuccesful.

The Teamsters and Public Citizen will continue to publish their denunciations of the program, making certain to preface any reference to a Mexican truck with an adjective such as “dangerous” or “illegal”, neither of which is relevant.

OOIDA will continue to use this issue to bolster their membership, preying on peoples ignorance, fear and prejudices to accomplish their goal

The issue will continue through September to it’s conclusion, and based on the performance of these carriers to date, there will be no reason not to grant them permanent operating authority.

And we can expect a firestorm from the opposition when the decision is announced. The opposition will publish facts and statistics,  with no basis in fact, to push for revocation of the Mexican carriers authority, and we’ll be a month from the Presidential election.

2008 is looking to be an exciting year in the industry as we all try to keep our heads above water. I think the issue of Mexican trucks will fast become a non-issue as people tire of hearing the same old BS.