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Injunction Sought Against Allowing Mexican Trucking Companies to Operate in US

Johnson & Ward Team

A coalition of trucking, environmental and safety organizations has filed suit seeking an injunction against implementation of the Bush Administration’s decision to allow up to 100 Mexican motor carriers – with an unlimited number of trucks – to perform long-haul operations within the U.S. 

The Owner-Operator Independent Drivers Association, Sierra Club; Public Citizen; the Environmental Law Foundation; and the Teamsters Union filed suit in federal court in San Francisco on Monday.  They claim that the Bush Administration’s program authorizing Mexican trucking companies to operate on US highways is in violation of public notice and comment requirements federal law imposes on pilot programs.

OOIDA Executive Vice President Todd Spencer stated: 

“The DOT has still not answered questions about verification of drivers’ records, drug and alcohol testing, hours of service, cabotage, inspections and insurance. They make general statements about audits of Mexican motor carriers, but have shown nothing that should make the American public feel confident that they have fulfilled all the obligations necessary before moving forward.”

The Federal Motor Carrier Safety Regulations require that a truck driver must be able to function competently in the English language.  Already I have been seeing accidents in which the truck drivers require interpreters.  Imagine how it will be when Mexican trucking companies are allowed to operate throughout the US.

Observing how some trucking and logistics companies operate, I have often joked that they would outsource truck driving to third world countries if they could find a way.  Well, now the Bush team is enabling them to do just that.  I will watch this case with great interest.

See the following articles and comments on this topic:
Mexican truckers’ free travel put on hold (San Diego Union Tribune, 4/27/07)
Teamsters sue the Feds (Sky Puppy blog)
Bush: Mexican Truckers Are Okay (Bloviating Zeppelin blog)

The Shigley Law Firm  represents plaintiffs in wrongful death and catastrophic injury cases statewide in Georgia, and in other states subject to the multijurisdictional practice and pro hac vice rules in each state. Ken Shigley was designated as a “SuperLawyer” in Atlanta Magazine and one of the “Legal Elite” in Georgia Trend Magazine. He is a Certified Civil Trial Advocate of the National Board of Trial Advocacy, Chair of the Southeastern Motor Carrier Liability Institute and former chair of the Georgia Insurance Law Institute. He particularly focuses on cases arising from truck wrecks and accidents (tractor trailers truck wrecks, semi truck wrecks,18 wheeler truck wrecks, big rig truck wrecks, log truck wrecks, dump truck wrecks.

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