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Decisions this important should not
be made in haste, and definitely not in the dark of night. The public
learned of the administration’s decision in a hastily scheduled
teleconference held at 9 p.m. Thursday, during which the Federal Motor
Carrier Safety Administration (FMCSA) announced that it would let loose
Mexico-domiciled carriers on the public in a “demonstration
project,” with trucks permitted to start crossing the border
immediately. We are by now accustomed to the Bush administration trying
to bury unpopular and controversial news like this by releasing it on
Friday afternoon, but an announcement made at 9 p.m. – with only 30
minutes notice – is a new low.
Interestingly, the agency is
barreling ahead with the pilot program before the public has had a
chance to review the Department of Transportation inspector general’s
report. During the call, FMCSA administrator John Hill declined to
summarize the findings of the report, noting only that it identified
three areas on which FMCSA needs to work, one of which was insufficient
state enforcement of the federal motor carrier safety laws. Note that
most enforcement occurs at the state level.
Further, states are already unable or
unwilling to conduct border enforcement. A January 2005 inspector
general’s report found that only four of 14 states surveyed were
placing Mexico-based carriers out of service when they were found to be
operating beyond the commercial zones. FMCSA’s public statements on
state enforcement have tended to focus only on their ability to
enforce — not whether they do enforce the law.
Opening U.S. borders despite
insufficient inspection facilities and carrier safety performance data
showcases the Bush administration’s persistent disregard for public
safety and federal law requirements. In May, Congress approved
provisions to ensure that the pilot program would not circumvent safety
standards or congressional oversight. Lawmakers required
greater public disclosure of program details and more opportunity for
public comment, and said that Mexico-based trucking companies must
comply with all applicable U.S. laws and safety standards. The
government has failed to meet these requirements.
The Bush administration has for years
been pushing to give Mexico-domiciled carriers access to all U.S. highways
despite safety and environmental concerns expressed by the safety
community and lawmakers. The safety of American motorists is compromised
under the pilot program, as FMCSA and the Bush administration prioritize
ideological fealty to the failed NAFTA trade model over public safety. |