Personal Injury Law

Mexican Big-Rigs On U.S. Roads

By Eddie Farah

Under NAFTA, the North American Free Trade Agreement, a tribunal ruled in 2001 that the U.S. was in violation by limiting access to U.S. highways by Mexican trucks.  Under terms of NAFTA, those big rigs were supposed to be allowed on roads along the border with the U.S. Eventually there was to be a phase-in where Mexico-somiciled trucks would be allowed to drive anywhere in the country. 

The Bush Administration has now further opened the door. 

72 Mexico- domiciled trucks are now in the U.S. under a pilot project and 45 other carriers have been notified they passed a pre- authorization safety audit.

Big rigs already are blamed for 5,000 deaths every year. Pulbic Citizen along with the Teamsters Union and other public safety groups are concerned that the standards for these vehicles are not rigorous. See the issue discussed in a video on YouTube.

The Department of Transportation (DOT) relies on statements of safety from the Mexico-based carriers.    There is no reliable way to verify the age of such big-rigs and whether they carry adequate insurance to cover American citizens. 

Mexico does not require drug testing at certified facilities for drivers.  And the U.S. DOT cannot verify or enforce the hours of service caps for drivers on the road.

Citizen groups have argued against the pilot program in the U.S. Court of Appeals for the Ninth Circuit that there are numerous violations of congressional mandates to ensure safety. 

A ruling should come soon. 

Full post as published by Jacksonville Personal Injury Lawyer on April 14, 2008 (boomark / email).