Teamsters Sue to Stop Illegal, Unsafe Mexican Trucks From Crossing Into U.S.

It is somewhat sad to see a once great union whose time has come and gone reduced to this. Preying on peoples fears and prejudices to try and justify their continued existence.

Strangely enough though, it is OOIDA taking credit for this. Their headlines on LandlineNow on XM-171 this afternoon was, OOIDA intends to stop Mexican Trucks!

So who’s right and who’s wrong. In my opinion, and everyone is entitled to my opinion, both of these organizations are irrelevant.

So what did the Teamsters insinuate in their “emergency” filing with the Ninth Circuit?

The Teamsters, along with other highway safety and environmental groups, said the program breaks laws requiring the Department of Transportation to:

  • Create a program that yields statistically valid findings;
  • Show that U.S. trucks have the same right to travel in Mexico that Mexican-domiciled trucks have to travel here; and
  • Reveal the inspection results for motor carriers allowed to drive beyond the border zone.

A memorandum accompanying the Teamsters motion stated that “In their rush to open the border, FMCSA and the Department of Transportation (DOT) are commencing a pilot program that does not comply with the congressional requirements that are statutory prerequisites for the program to begin.”

Let’s look at these allegations.

 

1. The truth is, there is no program in existence or that can possible satisfy these lunatics to where they will accept the inevitable. FMCSA is using the same statistical model to track participants in the Pilot Program as they use to track inspection results of American carriers. And this model has always been acceptable to the Teamsters and others. Why will it not work with the Mexican carriers? They complain that certain statistics do not exist for the Mexican carriers and while this may be true, statistics cannot be gathered until they are on the roads and statistics can begin to accrue. Another smokescreen thrown up by the Teamsters and their whores.

 

2. Mexico and the Secretariat of Transportation has already made notice that American carriers will have “in kind” access as soon as the American carriers complete the application process which is similar to what the FMCSA requires of the Mexican participants. So this is a moot point!

 

3. All anyone who desires this information has to do is look at the FMCSA filing in the Federal Register of June 8, 2007 or

DOWNLOAD IT HERE to read the entire program perspectus.

The Teamsters went further to state, all erroneously, I might add that;

  • Border states keep poor records of Mexican-domiciled truck drivers’ traffic convictions;
  • Checks of the validity of Mexican-domiciled commercial drivers’ licenses against Mexico’s database resulted in a failure rate of nearly 20 percent;
  • The government won’t be able to inspect every truck every time it crosses the border;
  • Drug testing continues to be questionable in Mexico.

Let’s examine this set of allegations because the Teamster’s take on the OIG report is not exactly as the OIG wrote it.

1. There was some problem with Texas having a backlog of inspections and citations that had not been entered into FMCSA “52nd State” system which was set up to track Mexican drivers convictions in the U.S. That has long since been resolved and the system is up to date, per the FMCSA-OIG.

2. The failure rate was of expired, canceled or revoked licenses out of more than 300,000 on file with LFIS. Needless to say, if the applicants for the Mexican Pilot Truck Program could not be thoroughly vetted, and backgrounds checked, they failed the PASA. This is a stone cold fact! Again, this allegation is groundless and without merit.

3. This could have been worded a little differently and the opponents seized on this to read something into the words not intended. FMCSA never intended nor meant for it to be taken that each and every truck would receive a Level One CVSA inspection each time it crossed the border. Yes, each truck will be inspected. By ICE, by CBP and by Texas or Arizona DPS or California Highway Patrol each time it enters the country. Documents, identity, validity of licenses and visas will be checked at the border, each and every truck. The ones allowed into the program will all have received Level One inspections by FMCSA as a part of the PASA (Pre Authorization Safety Audit). In addition to the document and cargo checks, each and every truck will be visualy inspected as it crossed the DPS scales at the border. If a noticeable defect is seen, it will be pulled in for a secondary. Those are the rules. This is how they are written and how they will be enforced. There is no leeway. So in a sense, ALL trucks will be inspected, EVERY TIME!

3. Drug testing for the Pilot Program has been done at labs in the United States, on site. This is a matter of public record. Drug tests in Mexico are conducted by government doctors as a part of the Licencia Federal. The only thing I have seen in the reports is the chain of custody questions, and since drug testing is done in the presence of a government doctor, in house, in clinic or at a place designated by a PFP officer for cause, I fail to see where the problem lies.

Just more smoke and mirrors from a bunch who are becoming increasingly irrelevant.

Just my opinion, and as I previously stated, you are all entitled to my expert opinion.