Bush Wins Mexican Truck Safety Case

[bluedog]

Bush Wins Mexican Truck Safety Case

22 minutes ago

By ANNE GEARAN, Associated Press Writer

WASHINGTON - The Supreme Court ruled unanimously Monday that the Bush administration can skip a lengthy environmental study and open U.S. roadways to Mexican trucks as soon as it wishes.



The high court ruled against labor and environmental organizations that have long fought expansion of Mexican trucking within the borders of the United States despite a guarantee this country made when it signed the North American Free Trade Agreement more than a decade ago.


Ruling on narrow procedural issues, the Supreme Court said the president has authority to open the border, and a federal agency responsible for truck safety has no say in the matter. Thus, the agency was under no obligation to study environmental effects from opening the border, as a lower federal court had ordered.


As a practical matter, Monday's ruling may mean little. The Bush administration had already begun the court-ordered study and is expected to complete it soon. The study could only delay, not prevent, the border opening, and the White House had already said that it would let the trucks roll as soon as it was free to do so.


President Bush (news - web sites) ordered the opening of all U.S. roads to Mexican trucks in 2002, but the dispute has been tied up in courts.

http://story.news.yahoo.com/news?tmpl=story&u=/ap/20040607/ap_on_go_su_co/scotus_mexican_trucks_6

[CO Liberal]

1. I Say That Every Justice Who Voted For This...

...should be followed down the road wherever they go by an uninspected Mexican truck.

:-)

[sazdem]

8. Mexican Trucks are Inspected

Commercial vehicles crossing into the United States at the Mexican border are screened by a combination of federal and state inspectors.

[CO Liberal]

11. I Don't Know What Criteria They're Using...

...because almost every day on I-25, I see trucks, vans, and buses with Mexican plates on them spewing smoke, wheels wobbling, etc.

[schultzee]

27. I lived there and believe me the standards are not the same! And

pig Bush does not care what may come in those trucks, like terrorists. He is doing all he can to make us LESS safe and poorer in every way possible. There goes American truck driving jobs. Thank you Greed PIG Bush.

[MrTriumph]

12. Sazdem, I think you are incorrect

The Fort Worth Star-Telegram, a very conservative paper, did a long series on Mexican trucks. The condition of the Mexican fleet that will be one American highways is far inferior to American trucks.

And, sadly, the inspection of these trucks is expected to be cursory at best as they begin to travel beyond the border zone. As someone who has family that drives the "NAFTA Highway" I-35W every day, I am very concerned.

I hope every time a Mexican truck causes a fatal accident here in N. Texas, it will be big news in Washington. However, I doubt it. Corporate greed must be protected at all costs.

[sazdem]

23. I can't agree

I don't see it as the doom and gloom scenerio some have portrayed it as. I also see Mexican trucks everyday. In fact yesterday while I was driving our wonderful interstate system here in Arizona I spied a truck. It was in poor condition. Bald tires, rusty...the list goes on. It had US plates on it.

http://www.mises.org/fullarticle.asp?control=1509&id=68

[nolabels]

24. It's not gloom and doom, it's just one more incremental step

As someone that has repaired trucks and equipment from both sides of the border I can say many down south of the border learn to do without. They learn to make things work for another day because of the economic conditions. It's not that they want to, it's a matter of eating next week or not eating next week.

Instead of helping or wanting to get the standards up over there, they want to obliterate ours over here. It really is not that hard to figure out. Our law enforcement on trucking is lax because of the way government is, not because the law enforcement people inspecting the trucks. In the old days company owners faced penalties, today it is pretty hard to stick a corporation in jail.

[schultzee]

28. You are so right. We can be one huge poor misserable bananna

republic, North and South Mexico.

[UpInArms]

35. been to El Paso lately?

those trucks are a menace to life, limb, air quality and highway safety.

[Freddie Stubbs]

9. That would be all nine of them...

...even the liberal ones.

[JPZenger]

40. Bush's Waterloo

I believe the issue of Mexican Trucking is really going to hurt George W. in the swing states, and even in the red states. Hundreds of thousands of jobs are dependent upon the U.S. trucking industry.

George W. has supported allowing Mexican truckers and Mexican trucks to transport goods anywhere in the U.S. Currently, they are only allowed in border areas. Most Mexican trucks are older, heavily polluting and do not meet U.S. safety regulations. There is no way there will be enough inspectors at the borders to make sure that an onslaught of old Mexican trucks are safe. It is unclear whether the Mexican drivers will have to understand English.

NPR reported that U.S. trucking companies are rapidly buying up Mexican trucking companies. U.S. truck drivers will be put out of a job by low-paid Mexicans.

---------
Here's an excerpt from an article on www.phillynews.com from the Philadelphia Inquirer:

"The Supreme Court dealt a blow yesterday to environmental groups and labor unions, ruling that Mexican trucks may rumble down U.S. highways without a federal agency's weighing the environmental consequences...

It leaves border states such as California and Texas to fend for themselves should older, dirtier Mexican trucks push the limits of clean-air standards those states have trouble meeting.

The decision's broadest implications could spring from its general assertion that government agencies need not evaluate the environmental impacts of their decisions. Presumably, that could be applied to a wide range of decisions, from fuel economy to agriculture and utility regulation."

[kodi]

2. on the other hand, think the teamsters union is happy about this?

they will move quickly to support kerry even more now.

[schultzee]

29. Other American better awaken. Soon we will all be very poor.

[dusty64]

32. NO, I do NOT think

the rethug leaning unions are going to be very happy about this at all.

[daa]

3. After Bush Wins you forgot We Lose nt

[NMDemDist2]

4. oh great, my commute just got uglier in Phoenix eom

[central scrutinizer]

5. this should certainly help the job numbers

the flip side of outsourcing - some US jobs can't be shipped over seas, so import workers to take those.

[napi21]

6. Is this totally an environmental issue, or safety issue?

I know there's a concern about the polution from these trucks, but I heard a long time ago that the bigger issue was the safety of these trucks. Since there's no inspections In Mexico, many of these trucks roll with bad brakes, bald tires, etc.

If that's true, doesn't law enforcement have the right to stop and inspect any that they suspect to be unsafe? Especially for tires that would only require a visual inspection?

Maybe the environmental approach is the wrong avenue.

[Sugarbleus]

31. I just heard about this....

I'm not entirely sure what to think about it. The environmental issue is one thing. The fuel they burn is not up to our standards which means the exhaust leaves nasty little particulates in our air. Are they going to make the owners bring their vehicles up to code?

Driving like a maniac might be a problem for our highways. I just heard one report stating that one worry was about the amount of time the drivers spend behind the wheel. One saying they worried that the drivers would go as far as they could inside mexico then, at the border of the US, just wipe the "clock" clean again and keep going. Tired, maniac driving on our highways...hmmmm not too cheery.

Then there's the issue of unions.
One of the things I thought about was the possible trafficking of illegals AND people who would want to do us harm ie: 'Terra ists'?

Do we allow trucks in here from Canada? Are there going to be ANY controls? I also worry about such things as disease and transporting things by way of "cling on" critters etc.

If there are controls, I don't see too much of a problem.

[Leilani]

34. It is both safety & environmental.

And it is just another step on the road to becoming a serf class for the masters.

[nolabels]

7. Now the SCOTUS is in my court,

We can now throw out the last hundred years of over the road cargo transportation. Oh and you want it when?

[BRLIB]

10. If the Mexican trucks are effectively immune from

environmental and safety laws required of US trucks, then the Mexican drivers should likewise not be subject to US or State laws! Let the drivers drink open shots (containers) of tequila on the highway and plaster down our roads totally shit-faced!



Hopefully Kerry can take advantage of this..........

[newyawker99]

21. Hi BRLIB!!

Welcome to DU!! :toast:

[DS1]

13. Are truckers unionized? Because what with the high gas prices

and soon outsourcing, you'd think they'd be voting for Kerry.

But hey, they could be driving around all day listening to Rush.

[Bandit]

16. Most long haul truckers now a days are independents

Teamsters are usually guys working for moving companies and delivery drivers etc.

[nolabels]

19. Everybody is getting screwed, union and non-union alike

It's caused by a disorderly government run by a disorderly bussiness community looking for profits anyway they can find them.

http://www.teamster.net/modules.php?name=News&file=article&sid=77
Feds Lengthen Truckers Driving Time, Bosses Cheer
Posted on Monday, May 05 @ 12:49:44 CDT by TeamsterNet

Anonymous writes By Charles Walker

U.S. trucking bosses—with the active connivance of the federal government—are set to squeeze even more sweat and profit from the labor of their freight workers, both union and non-union. Come January, all freight drivers may be compelled legally to stay behind the wheel for up to 11 hours, instead of the present 10 hours, a limit put in place in 1939.



If that sounds outrageous because of the vast increase in freight industry productivity in the past 60 years due to modern highways and speedier and larger vehicles and trailers, think about this: Real wages for freight drivers are lower today than they were in 1980. Teamsters Union truckers earn nearly 20 percent less, and non-union drivers earn more than 28 percent less than they did almost 25 years ago, according to industry analysts.

The onset of the loss of real wages (what the dollar actually buys) for freight workers, as well as American workers in general, coincides with the strengthening of European and Japanese capitalist competition, once their war-torn industries were rebuilt.

Even before the projected lengthening of driving hours, the largely deregulated U.S. trucking industry had rightly been compared to a sweatshop on 18 wheels. Most often paid by the mile, drivers cram 100,000 miles or many more into a work-year. Federal statistics show that truck drivers lead the nation in the number of occupational illnesses and injuries requiring lost work time. While the number of truck crashes per million miles may not be increasing, the number of miles driven is going up, increasing the likelihood of still more truck related injuries and deaths.

Allowing—actually, the dog-eat-dog competition within the trucking industry means compelling—10 percent more hours behind the wheel is sure to increase driver fatigue and that means greater danger on the highways, says the Teamsters Union. The rank and file caucus, the Teamsters for a Democratic Union, agrees, noting that the change in permitted driving hours “benefits industry profits, not highway safety.” The New York Times reported on April 25 that, “In 1990, a National Transportation Safety Board study found that 33 percent of crashes in which truck drivers died involved fatigue. A study done in New York in 1997 found that 47 percent of truck drivers reported falling asleep at the wheel some time in their driving career and that 25 percent reported dozing off at least once in the previous year.” A spokesperson for a highway safety group told the Washington Post (April 24), “We are talking about a profession where fatigue is a major safety problem. If airline pilots were falling asleep on the job, I doubt we would add more time in the cockpit.”
(snip)

[nolabels]

14. This is not a racial issue either, purely economic

The thing they use race for is just mostly to make the first quick cut. There are probably many Latinos in the southwest and Texas working in the trucking industry that think this is not a good idea because of the politics and law enforcement records in Mexico.

It is also part of the reason the Arnie of California is camped out on a no for drivers license for non-citizens (An illegal pulling up the ladder behind him). I will bet he knew something of this decision before it got out.

http://democrats.assembly.ca.gov/templates/ademmain.asp?articleid=126&zoneid=2

Latino Legislative Caucus Urges Governor’s Support of New Bill To Allow Undocumented Immigrants To Apply For Drivers' Licenses
Wednesday, June 02, 2004

Sacramento - Assembly Speaker Fabian Núñez (D-Los Angeles) and Assemblyman Marco Antonio Firebaugh (D- South Gate), Chair of the Latino Legislative Caucus, are asking Governor Arnold Schwarzenegger to keep his promise to the Latino Caucus and support a revised version of a bill that allows undocumented immigrants to apply for a California driver’s license.

SB 1160 - authored by State Senator Gil Cedillo (D-Los Angeles) - is a re-working of a measure that was passed by the Legislature last year and signed into law by former Governor Gray Davis, only to be repealed by Governor Arnold Schwarzenegger after Davis was recalled from office.

Senator Cedillo says the new language in this ‘new and improved’ version of the drivers’ license bill will address many of the concerns Governor Schwarzenegger had with the original measure, including fears that terrorists could take advantage of loopholes in the law.

"(This bill) strengthens national security, strengthens highway and community safety, and strengthens immigrant responsibility and civic participation," said Cedillo.
(snip)

[LiviaOlivia]

15. What about mandatory insurance laws?

Are Mexican companies and drivers exempt?

[Broadslidin]

17. Hoffa Endorses Bush?

I wonder, will Hoffa endorse Mr. Bush this time around?

[nolabels]

18. Another question I don't see being asked is what of travel the other way

This could be a stickler also, I am not sure. I would think there are many in Mexico that will not want the gringos running up and down their highways with the same kind of non-restrictions that *co and the corps want to stick in over here. I would also think the US of Cola Mexican president is on his way out. He went to bed with bush but only managed screwing himself for doing it. A more nationalist president will not help this cause

[Gloria]

20. What a disaster!!!! I dread seeing what happens with this.......

The biggest issue is the safety issue....as well as the pollution.
I bet the air around here is going to be even worse......(Las Cruces, NM, 50 miles up from the border at El Paso/Santa Teresa, at the junction of 10 and 25........)

[Solidarity]

22. Supreme Court Rules In Favor Of Bush 9-0

The Supreme Court voted 9 to 0 for the Bush government and against workers. 4 liberal Democrats joined 5 conservative Republicans in this attack on workers. This is yet another example of bi-partisan unity against labor, this time by the Supreme Court. They backed Bush.

It's no wonder why some truck drivers and other workers are now calling these politicians Republicrats!

What has John Kerry said on this?

--------------------------------------------------------------------
Supreme Court Fails Working Families, Sets Path for Border to Open to Unsafe Trucks

WASHINGTON, June 7 /PRNewswire/

The United States Supreme Court today set back efforts by the International Brotherhood of Teamsters Union and its allies to keep unsafe, unregulated Mexican trucks off our nation's highways.

By overturning a decision by the U.S. Court of Appeals for the Ninth Circuit,this opinion clears the path for the Bush Administration to allow Mexican
trucks to travel throughout the United States.

"By allowing the Bush Administration to move forward with its plan to open the border, this decision represents a setback for all who advocate for safe roads, clean air, and a secure America," said Teamsters General President James P. Hoffa. "The Administration's ongoing push to open the border not only demonstrates a gross disregard for highway safety and the environment -- it belies the President's continued disregard for the health and welfare of
Latino families living in the border region."

http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=109&STORY=/www/story/06-07-2004/0002188885&EDATE=

[nolabels]

26. This is the courts legislating from the bench

They are even overruling the NAFTA treaty IMO. Our brave congress see fit to quack all along

&imgrefurl=http://www.innovationtools.com/Articles/ArticleDetails.asp%3Fa%3D62&h=206&w=298&sz=53&tbnid=z9DJoZG1ybcJ:&tbnh=76&tbnw=109&start=79&prev=/images%3Fq%3DDucks%2Bin%2Brow%26start%3D60%26hl%3Den%26lr%3D%26ie%3DUTF-8%26sa%3DN


June 7, 2004, 2:22PM
Mexican truckers cautious after court's decision
Associated Press
(snip)
"It's important. It's a step forward ... it upholds the law," said Leon Flores Gonzalez, president of Mexico's National freight Transport Chamber. "But what we need are legal guarantees to have the right to circulate freely in all states and in equal conditions."

U.S. truck drivers fear the new policy will prompt their employers to replace them with Mexican drivers. U.S. truckers on average earn about 32 cents a mile while their Mexican counterparts make about half that.

Mexican truckers say they can't afford to meet strict U.S. regulations.

Flores Gonzalez said U.S. truck safety inspections already in place at the border are hitting Mexican trucks with what he called "excessive fines."

He said truckers face fees "if you lack a tool, or the engine is out of tune, or a light is burned out."

"We can't even get into Texas because they say we're not fit to drive" on those roads, Flores Gonzalez said.
(snip)
http://www.chron.com/cs/CDA/ssistory.mpl/nation/2614229

[tlcandie]

25. Since this little dictator just overrules everyone and everything he

disagrees with why on earth do we even have the federal agency responsible for this area?

Why on earth do we have any agencies at the federal level if he is just going to DICTATE what he does and does not want and the judges follow suit and overrule the laws/agencies of the land at every turn?

[nolabels]

36. This is also about states rights under the Constitution

The federal government has been clobbering everybody with unfunded mandates and unworkable regulations. Making others pick up the tab while they go Willy Nilly into bed with their corporate sponsors. Trucking is just one industry I know about, but would be willing to bet it's a microcosm of other industries

http://www.thetimesonline.com/articles/2004/06/08/news/top_news/1a9323e68ed1c6b186256eac007dc171.txt

Region truck inspectors brace for impact of Mexican truck ruling
NAFTA: Court decision could add thousands of semis to burgeoning workload

BY MARC CHASE Staff Writer
(snip)
Since 1989, the mileage driven by heavy trucks in Indiana has increased by 45 percent while the state police have lost 37 heavy truck inspector positions because of budget cuts, Boruff said.

The state is about 42 inspectors shy of its full authorized force, he said. The shortage, he said, is because his agency is authorized to pay starting inspectors only $19,000 per year and there has been a rash of recent retirements.

"We're understaffed as it is, and this will just pump more trucks into the mix," Boruff said. "We don't know exactly what to expect, but we're already struggling to keep up with what we have."

A recent Times' analysis of heavy truck traffic in the state showed that the Indiana State Police struggle to keep up with the heavy truck traffic generated by state-based companies, let alone traffic from other states, Canada and Mexico.

The agency has only one inspector for every 1,544 heavy trucks operating out of the state -- the worst safety staffing ratio out of six Midwestern states. And at the Interstate 94 weigh stations in Chesterton, 10,000 heavy trucks pass by each day with only about six inspectors -- or one for every 1,667 trucks -- watching.
(snip)

[Fovea]

30. 'This may be one of the worst ideas

in the long sad history of bad ideas...'

I am hard pressed to see a single way that allowing Mexican trucks on the road without meeting all standards for safety that American trucks meet.

Further, according to tourists I have spoken to, Mexican truck drivers have a notoriously bad attitude toward bicycle riders and pedestrians.

[gatlingforme]

33. Maybe Bush should go on a bike ride? I would love it.

[Ilsa]

37. Add this one to the list. Another example of Bushco

placing profits above safety and human lives.

Most of what we see isn't too bad, but this will certainly be an open invitation for all kinds of mechanical garbage to roll across and pollute our air. Maybe Shrub will sell the pig farm and buy a place along Hwy 59 and breathe in the smell of money (gasp, gag).

[Freddie Stubbs]

38. Bush had nothing to do with it. The Court is just enforcing NAFTA

which was ratified by Congress back in 1993, when Democrats still had majorities in both houses.

[nolabels]

39. The only treaties they like to enforce are the ones the screw US

Did I hear any comment about the ABM or neutrality act? There are all kinds of things not being enforced, the conveniently pick and choose the ones they like (or gets them the most Mo for the vote). The SCOTUS ruling don't get there unless solicitor general takes it there. (that's *co)