WASHINGTON — A motion filed by a group of owner-ops seeking an emergency injunction against the Mexican truck program was dismissed by a U.S. Court of Appeals. However, the court did order the case be "fast tracked."

While the Owner-Operators Independent Drivers Association (OOIDA) did express some disappointment the court didn’t put in place the injunction, it did appreciate the expedited hearing, which should begin accepting written arguments through early December.

A separate lawsuit by Public Citizen and the Teamsters will also be heard by the DC Circuit.

Meanwhile, the first Mexican trucking company has cleared its pre-authorization audit for long-distance service into the U.S. as part of the program.

According to Truckinginfo.com, Grupo Behr de Baja California , a small 9-truck fleet based in Tijuana, passed a review of its safety management system and of some trucks and drivers that will cross the border.

The Federal Motor Carrier Safety Administration posted the audit results and is looking for public comment on its findings. Comments are due by Sept. 22.

Under the rules, once the pilot program is up and running, Grupo Behr will be eligible for provisional operating authority for 18 months. After then, if the carrier has no pending enforcement or safety improvement actions and has cleared a compliance review, it is eligible for permanent authority in the pilot program.