The lawsuit against the DOT's Federal Motor Carrier Safety Administration was filed Monday in federal court in California.

The Teamsters claim the Bush administration violated federal law by failing to "publish proper, advance notice of the pilot project and by not allowing an opportunity for public comment before the program takes effect."

Says Todd Spencer, Owner-Operator Independent Drivers Association executive vice-president: "We have strongly opposed this program since first introduced, and in particular, the secretive nature in which it has been presented by the DOT."

Yesterday, the FMCSA announced it has conducted audits of 27 of the 100 trucking firms selected to apply for the pilot project, which would allow Mexican truckers to haul beyond the 20-mile commercial restriction north of the U.S.-Mexico border for the first time in decades. Like as is the case for Canadian carriers, FMCSA will inspect the fleets for licences, insurance, safety fitness, and driving and medical records of Mexican drivers before they cross the border.

However, details on how the government plans to ensure compliance are few, complain opponents of the plan.

"The DOT has still not answered questions about verification of drivers’ records, drug and alcohol testing, hours of service, cabotage, inspections and insurance. They make general statements about audits of Mexican motor carriers, but have shown nothing that should make the American public feel confident that they have fulfilled all the obligations necessary before moving forward," says Spencer.

Congress and the Senate recently approved an amendment to a bill that would temporarily block the program from proceeding, but the legislation may not be enacted before long-haul Mexican trucks are scheduled to start crossing the border in a few days, say the Teamsters.

"The Bush administration is trying to circumvent safety requirements by repackaging this plan as an illegal pilot program," Hoffa said. "Inspectors can't enforce truck safety in the United States, let alone south of the border." The Bush Administration, acknowledging its obligation under NAFTA, has been trying to lift the restriction to Mexican carriers since 2001.

In a statement emailed to TodaysTrucking.com, the FMCSA responded to the suit by saying: "(We) have aggressively sought to educate the public about the cross-border demonstration program since it was first proposed in 1994. This program will eliminate unnecessary delays clogging commerce at our borders, bring consumers lower prices and give our economy new energy while maintaining the safety of our roads.

"We have worked extensively with Congress and the Office of the Inspector General to implement this program and its many safety standards and are prepared to defend the program in court."

Joining OOIDA and the Teamsters in the lawsuit are special interest group Public Citizen, the Sierra Club, and the Environmental Law Foundation.