Senator Byron Dorgan (D-ND) authored a provision that scrapped the pilot program allowing Mexican long-haul trucks into the United States. It was included in the Omnibus Budget Bill that was signed by President Bush just before the Christmas break.
So far so good, right?
Well, last week the Department of Transportation announced it will continue the pilot program anyway. And this, my friends, is called breaking a federal law.
The DOT, is trying to get around this bipartisan mandate by saying the law says that funds will not be used to establish a pilot program. "Well," they say, "we don’t need to establish a pilot program; we already have one ... So keep em rolling!"
But the U.S. Senate Legislative Counsel says otherwise:
...The phrase "establish" was to be construed in its broadest context and that such a broad construction would include implementation. In fact, the legislative history in the Senate indicates that it was intended to preclude the carrying out of any demonstration program, including the pilot program put into effect in September 2007
Senator Dorgan is pissed off and had about enough of the DOT. He penned a letter to the department yesterday telling them that their statement to continue the program –despite the law scrapping it – "is both arrogant and wrong," which we categorically agree with.
Beyond the in-your-face unlawfulness of the DOT, there are huge safety issues that top the list of chief motivations behind Dorgan writing the amendment in the first place.
The safety standards dealing with Mexican trucks and drivers is simply not the same as the standards American trucks and drivers are held accountable for. These standards include the sharing of safety inspections, drivers' records and accident reports between the US and Mexico. Dorgan wrote that until safety standards are equalized "allowing long-haul Mexican trucks into this country increases risks on the American roadways."
The Senator is right about the fact that the DOT's move to break this federal law is an "intentional misinterpretation" of the amendment, which he also states in the letter. And don't you wish you can intentionally misinterpret some laws? "I understood bank robbery to mean something completely different than what your law states, Madam Judge, and therefore, I am keeping this million bucks and buying a yacht." Come on.
Let’s be clear here: For one, we are not mad at or pointing blame at Mexican truck drivers – this is not about that at all, this is about the companies and governments that exploit these workers. We are far more interested in seeing the companies hiring the drivers held to the same level of accountability that US-based companies are held to.
You see, the law very plainly states that this cross-border truck program must meet certain safety standards, and even the DOT's Inspector General reported that those standards are not being met. This becomes yet another bizarre twist to the DOT's criminal activity – how can the Agency defend the safety standards of these Mexican rigs when they never even had access to any records (mainly because there are none).
...The IG found that in pre-qualifying Mexican trucking companies for the pilot program, DOT official did not have access to vehicle inspections, accident reports, and driver violations, unless the information was actually in the company’s own records. Despite these concerns, your agency decided to push forward and accept the representations of Mexican trucking companies that they have no safety problems. That is not satisfactory, and as result, the Congress approved my legislation to halt the program.
...
With it all, the Department of Transportation takes us as being terribly stupid. As we reported back in August, the Teamsters watched, in person, as the agency "inspected" Mexican trucks. They did a great job when television cameras were rolling; but once the cameras moved on, so did the DOT; nice, huh?
If you aren't outraged by now, you should be. Think about this: If you are in an accident with one of these trucks, there will be absolutely no investigation of the driver. Why, you ask? Because state databases aren't keeping track of the drivers' records; and in most cases, there are no records to keep track of anyway. All that will happen in this scenario is a fine slapped on the driver who will then get sent back to Mexico. Do you know what happens if an American truck driver is in an accident? He doesn't get fined and sent to cool off in Mexico; in case that was one of your answers.
There are now more than 30 Mexican companies that have cleared so-called safety audits that the DOT's inspector general reports being inadequate. This information, along with a law scrapping this whole pilot program makes the DOT's statement to continue the program anyway a big ol' slap in the face of the American people.
At what point will this administration stop breaking the law?