A motion asking a federal court to force the Federal Motor Carrier Safety Administration to eliminate the 11-hour driving limit and the optional 34-hour restart provision was denied Wednesday, Jan. 23.The motion was filed Dec. 19, 2007, with the U.S. Court of Appeals for the District of Columbia Circuit by Public Citizen, Citizens for Reliable and Safe Highways, Parents Against Tired Truckers, Advocates for Highway and Auto Safety, and the International Brotherhood of Teamsters.
In the motion, the groups asked the court to vacate the FMCSA’s interim final rule on HOS – or at least the portion of it that reinstates the two invalidated provisions. The groups also asked the court to direct FMCSA to issue another interim final rule or other authoritative guidance that limits truck drivers to a 10-hour consecutive driving limit and to the governing 60-hour and 70-hour weekly on-duty limits with no 34-hour restart.
Now, if the Ninth Circuit in San Francisco will show the same courage and wisdom on February 12, we can all worry about things that actually effect our profession.
My little web-bots have been busy bringing to our attention the stupidity spewing from the mouths of the opponents of the Mexican Cross Border Program, and it continues to amaze me that folks actually believe this stuff. But then, America, long ago, forgot how to think for itself.
So what’s been happening since before Christmas when the Bush Administration chose to follow the law, as it is written, and abide by an agreement that we made in 1992, where we agreed to allow Mexican carriers equal access to our highways? Let’s take a look.
International Brotherhood of Teamsters
It was reported today that The Teamsters have filed a 28(j) letter in 9th Circuit Court of Appeals in an attempt to obtain another injunction against the program and FMCSA. The hearing wil be held February 12 in San Francisco.
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WASHINGTON, Dec. 27 – The bus company involved in a fatal crash in Arkansas last month has been declared an “imminent hazard” by the Federal Motor Safety Administration (FMCSA), and must immediately cease all commercial operations. The order was served to Tornado Bus Co., Inc., of Dallas, Texas, by FMCSA officials on Dec. 21, 2007.
“Based upon your present state of unacceptable safety compliance and your failure to adequately establish safety management systems and oversee your drivers’ duty status and hours-of-service (HOS), your motor carrier operation poses an ‘imminent hazard’ to public safety,” the FMCSA document stated.
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Individuals seeking new commercial driver’s licenses (CDL) would be required to complete both classroom and behind-the-wheel training from an accredited educational program or institution under a proposed rule announced today by the Federal Motor Carrier Safety Administration (FMCSA).
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In accordance with the 2008 omnibus appropriations act, the U.S. Department of Transportation will not establish any new demonstration programs with Mexico. The current cross-border trucking demonstration project – established in September – will continue to operate in a manner that puts safety first, with participating Mexican carriers subject to all safety standards required by the 2008 omnibus bill, while giving U.S. trucking companies new opportunities and U.S. consumers significant savings
After a lull in the campaign of misinformation being thrown about by OOIDA and it’s leadership <sic>, suddenly more “facts” emerge in their efforts to derail the Cross Border Truck Program. I say “facts”, because what they are reporting could not be further from the truth.
World Net Daily, scraping a piece from the in-house rag of OOIDA, Landline Now, reports in it’s headline, Hundreds of safety violations documented for Mexican rigs This is a patently false statement!
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SAN FRANCISCO – The Department of Transportation on Monday filed its response to petitions seeking to halt the NAFTA cross-border trucking demonstration program with Mexico.
In its response, DOT basically argues that neither the Owner-Operator Independent Drivers Association (OOIDA) nor the Sierra Club — lead petitioners in the consolidated actions — demonstrates “the injury in fact” or “the particularized harm” necessary for Article III standing and federal court intervention. It was filed here with the U.S. Court of Appeals for the Ninth Circuit.
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A House-Senate conference committee agreed Thursday night, Nov. 8, to a fiscal 2008 transportation spending bill that would block funding for the U.S. Department of Transportation’s program that allows long-haul trucking across the U.S.-Mexico border, wire services reported Nov. 9.
The full House and Senate still must approve the conference report, and President Bush must sign it. The President has indicated he will veto it.
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