Bush Administration Defies New Law by Continuing Pilot Program
WASHINGTON, Jan. 7 /PRNewswire-USNewswire/ -- The Bush administration broke
yet another law in continuing to allow long-haul trucks from Mexico to use
U.S. highways, according to a letter filed Monday by the Teamsters Union in
the 9th Circuit Court of Appeals in San Francisco.
Congress passed an omnibus budget, signed into law Dec. 26, that includes a
provision banning funds "to establish a cross-border motor carrier
demonstration program to allow Mexico-domiciled motor carriers to operate
beyond the commercial zones."
The Bush administration pretends the law doesn't apply to the existing
program. It has said it will continue to allow some trucks from Mexico to
travel beyond the narrow border zone.
"The lawlessness, recklessness and sheer arrogance of the Bush administration
just blows my mind," said Teamsters General President Jim Hoffa. "Did
Transportation Secretary Mary Peters somehow forget she took an oath of office
to uphold the law?"
Congress clearly intended to stop the pilot program dead in its tracks
according to two days of debate and 20 pages in the Congressional record.
Sen. John McCain, R-Ariz., said the provision would "prevent the pilot from
going forward."
Sen. Byron Dorgan, D-N.D., the provision's sponsor, said it would "prohibit
the use of funds to continue this pilot program."
Federal Motor Carrier Safety Administration chief John Hill conceded then that
the Senate's overwhelming vote to ban the program was a "sad victory" for his
opponents.
The Teamsters believe the pilot program creates a dangerous precedent on
American highways because Mexican trucks and truck drivers are not held to the
same safety standards as their U.S. counterparts.
Before today's filing, the Teamsters had already challenged the legality of
the pilot program, saying it breaks several laws, including:
-- Trucks from Mexico can break federal highway safety laws requiring vehicles
to be certified by the manufacturer that they meet U.S. safety standards.
-- A 2002 law forbids trucks from Mexico beyond the border until the states
can enforce their violations of federal highway safety laws; five states have
said they cannot do so, according to the Transportation Department inspector
general report on Sept. 6, 2007.
-- A 2007 law forbids FMCSA from letting trucks from Mexico on our highways
until the inspector general certifies that the agency has met all conditions
set forth by Congress. The inspector general reported on Aug. 6, 2007 that
FMCSA has not met those conditions.
A hearing date has been set before the 9th Circuit on Feb. 12.
The Teamsters' letter to the court submits that Section 136 of the omnibus
budget, known as the 2008 Consolidated Appropriation Act, provides new
authority to kill the Mexican truck program.
"If there were any doubt, however, legislative history conclusively
demonstrates that Section 136 governs this case," states the letter, formally
known as a "28(j) letter."
Founded in 1903, the International Brotherhood of Teamsters represents more
than 1.4 million hard-working men and women in the United States, Canada and
Puerto Rico.
SOURCE International Brotherhood of Teamsters
Leslie Miller of the International Brotherhood of Teamsters, +1-202-624-8734,
lmiller@teamster.org
