Supreme Court Fails Working Families, Sets Path for Border to Open to Unsafe Trucks

WASHINGTON, June 7 /PRNewswire/ -- The United States Supreme Court today set back efforts by the International Brotherhood of Teamsters Union and its allies to keep unsafe, unregulated Mexican trucks off our nation's highways.

By overturning a decision by the U.S. Court of Appeals for the Ninth Circuit, this opinion clears the path for the Bush Administration to allow Mexican trucks to travel throughout the United States.

"By allowing the Bush Administration to move forward with its plan to open the border, this decision represents a setback for all who advocate for safe roads, clean air, and a secure America," said Teamsters General President James P. Hoffa. "The Administration's ongoing push to open the border not only demonstrates a gross disregard for highway safety and the environment -- it belies the President's continued disregard for the health and welfare of Latino families living in the border region."

According to the procedures spelled out in the North American Free Trade Agreement (NAFTA), the President has the authority to permit Mexican carriers to operate throughout the United States without having to meet the same standards as domestic carriers with regard to truck safety, driver training and certification, pollution controls, and hazardous materials transport. Since the passage of NAFTA in 1993, the Teamsters Union has fought to keep the border closed until the establishment of uniform standards throughout the U.S., Mexico and Canada.

In 2001, President Bush announced his intention to lift the moratorium on Mexican truck operations in the U.S., regardless of the safety implications, once new regulations were prepared for granting operating authority to Mexican motor carriers. Before the moratorium was lifted, the Teamsters Union joined with allied organizations in a lawsuit to halt the President's actions. The suit contended that the Federal Motor Carrier Safety Administration (FMCSA), upon issuing its new regulations, failed to conduct a review of the environmental impact of increased truck traffic in the U.S. The Teamsters Union won that suit in the U.S. Court of Appeals for the Ninth Circuit, but the Supreme Court overturned that ruling.

The Supreme Court's ruling was based solely on the FMCSA's obligation to comply with the President's announcement. The Court, however, failed to consider the fact that the FMCSA still could have complied with the announcement after an environmental review was conducted. Instead, the Supreme Court decided to ignore the environmental health or welfare of U.S. citizens, including millions of Mexican American families living in the border region, who will be impacted the most by this decision.

"The ruling also raises security concerns. Without the proper security measures and adequate staffing at the Mexican border -- which still do not exist ten years after the passage of NAFTA -- the relevant agencies possess the ability to properly inspect only the smallest fraction of trucks that will be entering the United States every day," Hoffa added. "In light of the ongoing terror threat, this glaring security deficiency should concern every U.S. citizen."

"For all these reasons -- highway safety, the environment, and homeland security -- we again call on President Bush to keep the border closed, thereby putting the interests of average citizens above those of multi-national corporations."

A few rules as posted by DOT back in 2002 which may be revised by now....... Don't let them get in your way......

NAFTA Rules

U.S. Department of Transportation
Office of Public Affairs
Washington, D.C.
www.dot.gov/briefing.htm

March 14, 2002
Contact: Dave Longo
Telephone: 202-366-0456

North American Free Trade Agreement - U.S. Department of Transportation Regulations

Regulations issued today explain how Mexican-domiciled carriers may apply for operating authority beyond the U.S.-Mexico border commercial zones. The rules include requirements that meet the terms of the Transportation and Related Agencies Appropriations Act, 2002.
Mexican-domiciled carriers and U.S. and Canadian carriers are governed by the same safety standards when operating in the U.S.
Mexican-domiciled carriers applying to operate to and from the United States are required to have a distinctive USDOT number, undergo safety monitoring initially and during an 18-month provisional period.
During operations under provisional operating authority, and for 36 months after receiving permanent authority, Mexican vehicles operating beyond the border commercial zones into the U.S. must display a valid Commercial Vehicle Safety Alliance inspection decal.
The regulations require all Mexican-domiciled carriers entering the United States to have a drug and alcohol-testing program, a system of compliance with U.S. federal hours-of-service requirements, adequate data and safety management systems, and valid insurance with a U.S. registered insurance company.
Mexican commercial vehicles with authority to operate beyond the commercial zones will be permitted to enter the United States only at commercial border crossings and only when a certified motor carrier safety inspector is on duty.
Federal and state safety inspectors will be required to inspect and verify the status and validity of the license of each driver of a long-haul Mexican-domiciled motor carrier (1) when carrying a placardable quantity of hazardous material; (2) when undergoing a full vehicle driver Commercial Vehicle Safety Alliance inspection; and (3) 50 percent of other long-haul Mexican drivers engaged in cross-border operations.
Mexican-domiciled carriers planning to operate solely within the commercial zones along the U.S-Mexico border will be required, within 18 months, to apply for provisional Certificates of Registration, which grant temporary authority to operate in the United States. The provisional Certificate of Registration cannot be made permanent for at least 18 months, until the carrier has successfully completed a safety audit.
DOT will provide all Mexican-domiciled carriers educational and technical assistance before the restrictions on Mexican carrier operations are lifted.
DOT and States will also do the following:
- Equip all U.S.-Mexico commercial border crossings with scales suitable for enforcement action.
- Equip five of the ten locations with the highest volume of commercial vehicle crossings with weigh-in-motion (WIM) scales before reviewing or processing carrier applications beyond the border zones. Three are operational (Otay Mesa, Nogales, Bridge of Americas/El Paso) and two more (Columbia-Solidarity Bridge/Laredo and Eagle Pass, Texas) should be in place by April 1.
- Equip the remaining five of the highest volume of commercial vehicle crossings (World Trade Bridge/Laredo; Pharr, Texas; Veterans' Bridge/Brownsville; Calexico, Calif. and Ysleta/El Paso) with weigh-in-motion devices within 12 months. An additional five will be in place by December 2002.

I think these links are working .........

NAFTA Rules

49 CFR Parts 368 and 387 [Docket No. FMCSA-98-3297]
Revision of Regulations and Application Form for Mexico-Domiciled Motor Carriers To Operate in United States Municipalities and Commercial Zones on the United States-Mexico Border. PDF Version

49 CFR Part 365 [Docket No. FMCSA-98-3298]
Application by Certain Mexico-Domiciled Motor Carriers To Operate Beyond United States Municipalities and Commercial Zones on the United States-Mexico Border. PDF Version

49 CFR Part 385 [Docket No. FMCSA?98?3299]
Safety Monitoring System and Compliance Initiative for Mexico-Domiciled Motor Carriers Operating in the United States. - PDF Version -

49 CFR Parts 350 and 385 [Docket No. FMCSA?2001-11060]
Certification of Safety Auditors, Safety Investigators, and Safety Inspectors. - PDF Version -

49 CFR Part 393 [Docket No. FMCSA-01-10886]
Parts and Accessories Necessary for Safe Operation; Certification of Compliance with Federal Motor Vehicle Safety Standards (FMVSSs). - PDF Version -

49 CFR Part 567 [Docket No. NHTSA 02-11594; Notice 1]
Retroactive Certification of Commercial Vehicles by Motor Vehicle Manufacturers; Proposed Rule - PDF Version -

49 CFR Part 576 [Docket No. NHTSA 02-11592; Notice 1]
Recordkeeping and Record Retention; Proposed Rule - PDF Version -

49 CFR Part 591 [Docket No. NHTSA 02-11593; Notice 1]
Importation of Commercial Motor Vehicles; Proposed Rule - PDF File PDF Version - HTML Version

North American Free Trade Agreement (NAFTA) Fact Sheet - PDF Version -

DOT Sets Safety Requirements For Mexican Trucks, Buses in United States - English Version -

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.