June 08th, 2017

​US Court of Appeals for the Fifth Circuit Opinions
Owner-Operator Independent Drivers Ass'n v. US DOT

Docket: 16-60324
Opinion Date: June 6, 2017
Judge: Edith Brown Clement
Areas of Law: Government & Administrative Law, Transportation Law

The Fifth Circuit dismissed for lack of jurisdiction the Association's appeal of the FMCSA's grant of permanent operating authority to two Mexico-domiciled motor carriers. The court held that the Association failed to file a timely appeal as required by statute. In this case, the orders rejecting and dismissing the Association's protest were final orders of the FMCSA, a fact that was unaffected by the Association's motion for reconsideration.