WASHINGTON – – Mexican trucks can now deliver into and pick up freight in the U.S.A.

But the U.S.’s biggest driver organization — abetted by some disgruntled Democrats — isn’t taking the decision sitting down.

Within hours of U.S. Secretary Transportation Ray LaHood’s trip to Mexico City to ratify a new three-year pilot program that would allow Mexican truckers into the U .S., the Owner-Operator Independent Drivers Association (OOIDA) filed a petition for review, asking a court to “enjoin, set-aside, suspend (in whole or in part) or determine the validity of the implementation of this program."

OOIDA President Jim Johnston complained the deal was inked without any advance notice or warning to the public or Congress. "If the agreement is good for the U.S. why the hell is he (Secretary LaHood) sneaking down there to sign it?” he said.

Conversely, within hours of the agreement being signed, the U.S. Federal Motor Carrier Safety Administration (FMCSA) started accepting applications from Mexican trucking companies seeking operating permits. Industry experts predict the first Mexican trucks could cross the border within the month.

The battle dates back decades. The 1994 NAFTA agreement stated that trucks were allowed to cross American, Canadian and Mexican borders. But, pressured by unions and protectionist forces, President Bill Clinton shut the gates to the Mexicans, citing safety concerns.

It’d been off-again, on-again since, with both sides imposing tariffs. When George W. Bush was president, the two governments agreed on a pilot program what would allow some trucks to cross into the U.S.

Two years later, A Democrat Congress cut off the financing and Mexico, which responded with tariffs on over a 100 U.S. goods.

This week, the ban was ruled a violation of NAFTA and so, immediately tariffs were lifted on 99 U.S. products ranging from Christmas trees to pet supplies and the remaining tariffs will disappear when the first Mexican hauler proves it can meet FMCSA stipulations.

Some of those requirements are as follows:

Non-hazmat applicants will undergo pre-authorization safety audit covering the carrier’s safety management system and equipment that will cross the border. It will include a drug and alcohol testing program, hours of service compliance verification, and insurance and driver qualifications, among other requirements.

Carrier who pass would get provisional operating beyond the 20-mile border commercial restriction zone for 18 months. After that, if the carrier has no enforcement violations and has cleared a compliance review, it can apply for permanent authority in the pilot program.

During the first three months of this stage, trucks and drivers will be inspected every time they cross into the U.S.

If safety standards continue to be maintained – which include an out-of-service rate and Safety Management scores below the U.S. average — the Mexican carrier can convert the pilot program operating authority into a standard permanent authority when the three-year pilot comes to and end.

Trucks will also need to be equipped with EOBRs (which the FMCSA will own and monitor the data itself) and drivers need to be proficient in English.

Business groups, including the United States Chamber of Commerce an the American Trucking Associations praised the move as a boost for job creation on both sides of the border.