Personal Injury Law

Dangerous Trucks Allowed to Operate On U.S. Roads

Dangerous trucks from Mexico will continue to be allowed to use the highways of the United States. The Bush administration recently announced that it would extend its cross-border trucking pilot project for two more years, despite evidence that this action will expose U.S. motorists to increasing dangers from unsafe trucks and unqualified drivers. The United States Congress has clearly instructed the administration to cease these operations.

In December 2007, Congress passed a measure aimed at requiring the Federal Motor Carrier Safety Administration (FMCSA) to comply with certain safety assurances. The measure, contained in the appropriations bill for the Department of Transportation, prohibited the use of funds to ?establish? cross-border trucking pilot projects. But FMCSA extended the program to more carriers in clear defiance of the intent of Congress.

The consumer advocacy group, Public Citizen, along with the International Brotherhood of Teamsters and other groups argued against the program in February in the U.S. Court of Appeals for the Ninth Circuit, citing numerous violations of repeated congressional mandates, including the recent spending bill. A final ruling is expected soon.

In addition, U.S. Reps. Peter DeFazio (D-Ore.) and James Oberstar (D-Minn.) introduced a bill July 29 to prohibit the secretary of transportation from granting authority to Mexico-domiciled carriers to operate beyond a specified commercial zone unless authorized by Congress. A committee approved the bill two days later, although the full House of Representatives has yet to vote on it.

In 2001, a NAFTA tribunal ordered the United States to permit access to all U.S. roads for Mexico-domiciled trucking companies. The Clinton administration refused to comply, citing serious safety and environmental concerns with Mexico?s trucking fleet. The Bush administration has tried since 2002 to enforce the NAFTA order to open U.S. highways to these unsafe trucks.

Full post as published by Georgia Injury Lawyer Blog on October 01, 2008 (boomark / email).