Truckers say DOT deserves failing grade on safety and security of highways

By OOIDA - June 20, 2007
(Grain Valley, MO) – According to the Owner-Operator Independent Drivers Association (OOIDA), the Department of Transportation gets an “F” for its performance when it comes to the safety and security of our nation’s highways. The Association stood alongside safety advocate groups at a press conference in Washington, D.C. today as they issued a “report card” and research study detailing how the Bush administration is defying Congress with the U.S. DOT’s attempt to open the border to trucks from Mexico.

The OOIDA believes the U.S. Department of Transportation has failed to comply with the requirements outlined and signed into law regarding the Mexico cross border program, disregarding the safety and security of U.S. highways. The Association has protested against the pilot program for several months. (Call to Action – Cross Border Program)

“Secretary Peters claims truckers from Mexico will be subject to the same regulations as U.S. drivers, yet she has never said how this will be done,” states OOIDA Executive Vice President Todd Spencer. “These regulations don’t exist in Mexico. Enforcement of stringent hours of service regulations are meaningless if a Mexican driver has been awake for a week straight when he reaches the U.S. border,” he adds.

Safety and security as a priority was indeed recognized by the U.S. House of Representatives last month when it passed the Safe American Roads Act. This legislation laid out specific safety and security measures that must be in place before the border could open. It passed by an overwhelming 411-3 margin.

“However, apparently the Bush DOT chose to thumb its nose at the Congress and at the will of the American people by pursuing its global economic agenda,” added Spencer.

A new poll by the Lake Research Partners research firm reveals strong opinions on the idea of allowing trucks from Mexico to travel beyond the current commercial zones, extending 20 to 30 miles along the U.S.-Mexico border. One thousand adult, American citizens were polled and it was found that a majority (56 percent) believes the Bush administration’s plan to allow Mexico-domiciled trucks to travel throughout the United States is dangerous.

The “report card” announced at the conference also pointed out legal provisions that the FMCSA has not complied with, including: failure to provide sufficient opportunity for public notice and comments; failure to provide the public with information about the pilot project; failure to comply with the requirements of §350 of the FY2002 DOT Appropriations Act on the safety of cross-border trucking; failure to comply with requirements of the pilot program law to test innovative approaches and alternative regulations under 49 USC §31315(c); failure of FMCSA to keep its promise to check every truck every time for compliance; and failure to establish criteria that are subject to monitoring during the pilot program.

“How can this administration possibly rationalize asking thousands of young men and women in uniform to make the ultimate sacrifice for our nation’s safety and security thousands of miles from home --- and at the same time make our southern border even more porous than it already is?” asks Spencer.

The Owner-Operator Independent Drivers Association (OOIDA) is the national trade association representing the interests of small-business trucking professionals and professional truck drivers. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Mo. area. The Association currently has more than 153,000 members from all 50 states and Canada.

Confidentiality Interests Prevent DOT From Handing Over Docs

By Laura McGann - July 5, 2007
The Department of Transportation is citing "confidentiality interests of the Executive Branch" as the reason for hanging on to at least 53 documents the House Committee on Oversight and Government Reform wants to see.

The committee requested the documents for its investigation into whether DOT improperly lobbied Congress on behalf of the auto industry. DOT maintains that anti-lobbying measures do not apply in the alleged scheme because members of the agency contacted Congress directly. The measures only applies when an agency enlists citizens to lobby officials, lawyers for DOT argue.

Rep. Henry Waxman (D-CA) still wants a full look at the case. The situation emerged from California's request for an Environmental Protection Agency waiver that would allow it to heighten emissions standards in the state. When the deadline for EPA to make a decision neared, DOT employees contacted members of Congress about how the decision could affect the auto industry in their districts.

See Tpmuckraker

DOT Defends Lobbying Congress For Auto Industry
By Laura McGann - June 14, 2007
The Department of Transportation said in a letter earlier this week that anti-lobbying measures do not apply to its officers who contact members of Congress on behalf of the auto industry.

DOT announced this stance in a letter from the agency’s acting general counsel responding to the head of the House Committee on Oversight and Government’s request for information. The committee wants to hear more about an alleged plan to pressure members of Congress into persuading the Environmental Protection Agency to deny California a waiver allowing it to raise carbon emission standards.

DOT’s head lawyer Rosalind Knapp argued in her response that anti-lobbying law only applies when agencies call on private citizens to lobby Congress on their behalf. She also said that she advised several officials that it would not violate anti-lobbying provisions if they contacted members of Congress directly:

DOTs actions in no way violated anti-lobbying restrictions, as those provisions apply to and prohibit “grass roots” lobbying intended to encourage third parties, members of special interest groups, or the general public to contact members of Congreess or State legislatures in support of or opposition to a legistlative matter.
The executive director of The Project on Government Oversight Danielle Brian said the “grass roots” language comes from a case under the Reagan administration where the Pentagon and Lockheed Martin were accused of illegally lobbying Congress. The case made it illegal for agencies to get community members involved in lobbying, but allowed agencies to contact members of Congress directly.

Despite the historical standard, Brian said she still thinks DOT’s argument is worth challenging. “I think its important not to just accept the executive branch’s opinion on what is acceptable,” Danielle said. “Congressional lawyers need to look at that law as well.”

Waxman is still pursuing the issue. He responded to the letter from DOT’s general counsel Knapp saying that there is a "need for a thorough examination of the facts”

NOTE by Faith Chatham: The letter touches on a similar issue to that raised in Texas when US DOT stated that proposed legislation would violate Federal policy and probably cause loss of transportation funding.

City of Mansfield approves Texas U’s

By Nicholas Sakelaris - News-Mirror Writer - Thu, May. 17, 2007

The City Council approved a funding agreement Monday with the Texas Department of Transportation to get the ball rolling on new service roads and Texas Turnarounds on U.S. 287 between Walnut Creek Drive and East Broad Street.

Construction is expected to start by 2008 and be completed by 2010. There will be two Texas Turnarounds on Walnut Creek Drive and one on East Broad Street, which will provide access to The Shops at Broad Street, several hotels and Kohl’s at the Mansfield Marketplace. The city’s share of the project will be $4 million with TxDOT, Tarrant County and federal funding paying the rest. The new Texas U’s will be enhanced with brick or stone to improve the visual appearance of the bridges, said Bart VanAmburgh, city engineer.

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