I just received this from a truck-driving nephew.

[King Coal]

Hello Everyone,
I hope everyone is doing well. I am doing fine just staying busy. But I need your help as well as the rest of the truckers out here. As many of you may have heard or not heard the govt is trying to open the borders for mexican trucks to come up into the states. Which is not a good thing they do not have to Pass DOT safety regs. The Trucks from mexico are very very unsafe. So If you have time please read the following letter and do what you can. I am very concerned for the safety of my family and myself as well as everyone else out on the road. Let me hear what you all think of this when you see the letter. And pass it on to as many people as you can. Hope eveyone is doing well.

Signed by my nephew.


Owner-Operator Independent Drivers Association Inc.
James J. Johnston
President
Dear Association Member,

As you may have already heard, there are indications that the U.S. DOT will be formally implementing its crossborder trucking pilot program with Mexico as early as next Thursday, September 6. At this point, no one beyond the White House, top brass at the DOT and their friends in the Mexican government knows exactly when this will happen or how they will try to justify their actions. The DOT knows that they are going against the will of the American people and Congress as well as venturing into blatantly illegal territory. As such, we again find ourselves in the midst of much speculation and struggling to separate fact from fiction as our own government has not yet provided any formal notices or official statements to clue the public into their timing or specific intentions.

What we do know is that yesterday an official from the U.S. Department of Justice tipped off a lawyer that DOT was planning to start the pilot program on September 1 (the target date has apparently now been pushed back to September 6). This lawyer is associated with the coalition of organizations that we have been leading in opposition of opening the border to Mexico-domiciled trucks. Some of the members of that coalition opted to file an emergency injunction to stop the pilot program though they did not yet have documentation to directly prove DOT’s intentions. Though our name is not on that legal action, it is a move we certainly support.

We also know that the Mexican government published a notice today indicating that they would be moving forward with their part of the pilot program (allowing U.S. carriers to go south) as early as tomorrow. This is consistent with statements that the Mexican government has been making for the past few months despite the efforts that have been made north of the border by the U.S. Congress to put the brakes on the pilot program and ultimately strip all funding for it.

Rest assured that OOIDA is doing everything that we possibly can to stop the DOT. We are fighting a unique and historic battle in that we and our coalition have won several significant victories on Capitol Hill and yet the Administration continues to roll forward in defiance of Congress, the American people and the laws of our land. Instead of implementing and abiding by the laws that have been written by Congress, the executive branch of our government is clearly ignoring their Constitutional responsibilities and limitations.

As soon as DOT moves in an official fashion to start the pilot program by issuing a public notice or formal statement, OOIDA will be filing a legal challenge to put an immediate stop to their efforts. As you may know, many strong and valid efforts in the courts have been tossed out on technicalities and procedural missteps. We do not want to miss out on an opportunity to stop the crossborder program by jumping the gun with a less than solid legal challenge.

OOIDA will also continue our efforts on Capitol Hill to reign in the DOT. In addition to what we have been able to achieve there already we have initiated other legislative efforts. I ask that as a member of OOIDA and as a citizen of the United States, you also do all that you can to help put a stop to the crossborder program.

Please call and fax your elected representatives in Washington, especially your U.S. Senators. They need to hear from you as soon as possible and continue to hear from you until they are truly working on your behalf. I also ask that you encourage your family, friends and acquaintances to contact their lawmakers. Operators at the U.S. Capitol Switchboard (202- 224-3121) can connect you to the offices of your elected officials. If you are not sure who your Representative or Senators are, the operators will ask for your zip code and put you through to their offices. You are also welcome to call the Association at 800-444-5791, we will be happy to look up telephone and fax numbers for you.

Please know that your Association is working hard on your behalf and please do what you can to help. I do not have to tell you what is riding on our efforts to stop DOT or what the short and long term implications are if we fail.

With sincere appreciation,



Jim Johnston, President

Just wait, here is what an idiot in my family will say: "Uh, it was Clinton that brought us NAFTA, so don't blame Bush!"

[Rabrrrrrr]

1. And the Republican sellout of America continues...

[redqueen]

2. Well, it was. n/t

[King Coal]

8. But was it Clinton that brought us the Mexican truck drivers that are coming here now?

[redqueen]

9. No, he only made sure the agreement that made this arrangement possible was passed.

Did Gore help enthusiastically? I can't recall. I think he did.

[NotGivingUp]

3. It was the corporatocracy (dems and repukes) that brought us NAFTA and all the rest of this shit. nt

[Greyhound]

25. Thank you for the accuracy. There is only one power and it runs two parties.

Until we change that, nothing will change.

[AzDar]

4. No more Clintons! No more Bushes!!!

And please call your Congresscritters to stop this dangerous program.

[Warpy]

5. Unfortunately, they've overstated the safety issue

Mexican trucks do have to be safe, if only because no merchant wants his merchandise lost in a burning vehicle whose driver is thin paste in what used to be the cab. Insurance never covers the whole cost and it's bad for business.

However, what this does is cost US jobs. As things stand before Mexican drivers can travel the US, trailers are offloaded in border areas and reloaded onto US tractors for hauling across the country--tractors that are driven by unionized US drivers. Now the Mexican drivers will continue on and the union drivers will be scrambling for work.

I would not want to be a Mexican driver in this country. I think he can expect slashed tires wherever he stops...and worse. Teamsters are not known for reacting in a genteel manner when somebody threatens their jobs.

[earth mom]

6. How can safety be overstated?

Excuse me, but I don't want to be driving roads with vehicles that are so poorly maintained that they are literally rolling accidents waiting to happen. Just look at how the highways in Southern California are littered with blown retread truck tires which you don't see as much further North.

[Warpy]

10. Try driving through New York City on any of the major roads

The shoulders are littered with the remains of tires...and worse.

The insurance issue is valid, though. Mexican companies need to provide adequate liability insurance for their drivers.

That alone will make the job loss here minimal.

[hlthe2b]

7. Inadequate insurance and protections...

MY former in-law is an attorney that is now handling at least a half dozen civil cases from persons injured (or families of those killed) in accidents involving underinsured truckers or resident workers who were uninsured/underinsured and his firm has handled far more (with very mixed results, unfortunately). It is a problem with some of our domestic trucker companies, true, but an even bigger one for those owned and licensed out-of-country. So, while the safety issue MIGHT be overblown (I'm not convinced), the insurance issue does loom for all of us sharing the road.

[northzax]

17. sure, people violate insurance regs all the time

US citizens do it, all the time. under this law, foreign trucks will have to be insured by US companies, not foreign companies. And the penalty if you get pulled over without insurance? not a fine, the state can seize your truck and its contents. that's not good business, is it?

[hlthe2b]

20. Do you have any idea how hard it is to sue a company that is

out of country? Hell, his firm has been only marginally successful, despite positive court judgements collecting on claims against some major US firms. This problem WILL be compounded and you and I may well be the unlucky victims, in more ways than one. NAFTA should have been overworked long ago to ensure worker protections and worker rights-- both for Mexican AND US workers. We are reaping the unfortunate sequelae now, that it was NOT.

[northzax]

21. Did you read my post?

Was stopped, by a cop, at an inspection or weigh station and didn't pass didn't pass would be impounded, if not ferfeited. I was once stopped for speeding, in a rental car, and couldn't prove i has insurance (through my amex) The law requires domestic insurance companies. This must be registered, in advance, to cross the border. The way the plan is written, companies must apply in advance for permission, and get a permit from USDOT before crossing the border. They have to meet the same regulations for training, safety, inspections and insurance that you or i would to drive a truck in each and every state they operate in. All disputes are handled in US courts a company that refused to submit to US jurisdiction Would lose its permits to operate in the US. and, as I mentioned, any truck in the US under this program that I got a $200 ticket, waived if i could prove insurance within 24 hours. If i was a mexican truck driver, i would have had my vehicle siezed.

[hlthe2b]

22. Happens all the time...

"Proof" of insurance does not always mean "insured."

As for passenger vehicles, I've been hit twice in two states by uninsured vehicles... Better never drive through Alabama, my friend...

[northzax]

34. and, of course

after you were hit by uninsured drivers, the federal government stepped in, incarcerated the drivers on immigration violations, seized the truck and cargo, and stopped the company they worked for from doing business in the US, right? cause that's the penalty for not being insured under this permitting process.

[northernsoul]

23. It's damn near impossible

Ask any products-liability attorney.

[northzax]

33. what about suing a US insurance company?

how difficult is that in US courts? since there will be US-issued insurance policies?

[northernsoul]

40. The insurance company is not the tortfeasor

The insurance company simply provides coverage for defendant found to be liable. Having coverage from a U.S. insurance company doesn't mean bupkis if the original wrong-doers can't be found liable. It is extraordinarily difficult accurately identify the all of the "true parties in interest" when they are foreign corporations and even harder to sustain an action resulting in an enforceable judgment.

[northzax]

42. unless, of course

as a part of getting the permit to do business in the first place, the foreign company lists who the responsible parties are, and agrees to submit to US courts for all disputes, which is the case here. Even if the company doesn't show to defend themselves, you have someone who has agreed to be liable, and insurance for that person.

[hlthe2b]

28. There is a threshold effect...

If they are profiting sufficiently from having many many trucks on the road, they can afford a few seizures--that is, assuming they are caught at all. Truck inspections in most states are iffy, at best, given the lack of sufficient staff and resources since the late 70s. Some states do better than others, but I somehow doubt every truck will be checked upon entry into any number of border crossings across Texas, Arizona, California or New Mexico.

[northzax]

29. but the seizure is accompanied

in the case of a violation like insurance, by a revokation of their permit to operate in the US. is that a worthwhile trade? not having insurance means having your entire business line shut down? it's the opposite of what you say, the more trucks you have the more you have to lose if you are caught, right?

[hlthe2b]

30. Actually no... therein lies the rub which makes sueing so difficult

As my lawyer relative tells me, these trucks are subcontracted and the liability ends up being tangled in loopholes--i.e., both companies should have full insurance, but they often don't--one holds the liability and the other collision and accidental related medical. Ditto, the problem if a major corporation subcontracts trucks-- one subcontractor gets a revocation, they pull in a new one.

[northzax]

32. then all trucks should be banned, right?

including US ones? I mean if subcontrators are the problem.

it is currently a 9-12 month process for a company to get a permit to operate in the US from Mexico. There are 100 permits available. If they are all subcontractors, as you seem to fear, then, on average, 20 a year will be busted, I figure. Let's say each subcontractor has five trucks. Especially with police on the lookout for the free seizure of Mexican trucks, there are no Mexican truckers left after a year.

At a cost of about $100,000 to apply for a US permit, (legal fees, inspections, application fees, licensing, etc) you aren't going to do this if you have 5 trucks to run, it's not worth it. You aren't talking subcontractors here, you are talking about the big mexican trucking companies with their permits on the line. the owner of the truck has to hold the permit. the driver needs to hold the appropriate CDL-equivalent.

still, I am willing to join your call for the end of independant trucking in the US, since you are so afraid of them. I want every trucker under exclusive contract to a company with large enough assets to sue. no more independant 'subcontractors.' work for you?

[hlthe2b]

37. When did our good constructive discussion deteriorate...

into emotion-laden hyperbole? re: "then all trucks should be banned, right?"

:shrug: Oh, well...

[northzax]

41. if the problem is subcontractors

most US trucking companies hire subcontractors. so I think it's a legitimate line of discussion.

[fasttense]

11. On the safety of Mexican trucks and their drivers.

From the mouths of the Mexican truckers themselves:

"The longest distance I drive," said a driver about 30 in a black T-shirt, "is from Ensenada to Cancun, 4,500 kilometers. Five days and six nights alone. Tomatoes. The company won't pay for a second driver."

Ah, but how can a man stay awake and drive for five straight days?

The table erupts in laughter. The man facing the empty liter of beer smiles and says, "Professional secret." The younger man in the black T-shirt offers one phrase, "Magic dust." There are more smiles and mention of "special chemicals."


"They are all family men who run the highways at least 25 days a month and they are adamant about two things -- that nobody can run these long hauls without cocaine and crystal meth, and now and then some marijuana to level out the rush. And that the biggest danger on their endless runs comes from addicted Mexican truck drivers, which means all truck drivers."


"And now the table is rolling, about the bad equipment they are given, about the fact that the owners often stall them on payment, about how there is no escape from the job, that they all know drivers who are still out there on long hauls at 70, how they have all been robbed and hijacked, have all killed people with their trucks and, given the nature of Mexican police, have all fled such accident sites, that they are all doomed to spend their lives on an asphalt treadmill."


"The man with the empty beer explains "We make almost nothing -- less than $300 a week. I work 48 hours non-stop. I drive 2,400 kilometers per trip and get no time for turnarounds."

And every man at the table agrees on their biggest problem -- the government. And by that they mean the police, especially federal, who rob them at will.

"If you drive to Mexico City," another driver adds, "you are robbed, for sure. Police are the first to rob you. If you report a robbery, the police try to make you the guilty person."

More at: http://www.teamster.org/resources/members/TeamsterMagazine/06August/nafta.htm

[A HERETIC I AM]

19. The amount of cross-border freight hauled by Union drivers is minuscule.

The overwhelming amount of Mexico originated goods hauled to destination in the US are moved by NON Union drivers. The Teamsters do not currently haul a significant portion of this freight, nor to my knowledge have they ever.

The majority of freight hauled by Teamster drivers in the US is known as "LTL" freight or "less than a trailer load".
Basically everything above what UPS hauls but not full trailer loads of a particular product or item.

The notion that Teamsters pick up and deliver the freight that comes across the Mexican border is an incorrect one.

[sandnsea]

26. Mexico: Dynamite explodes, kills 34

We have garment factories collapsing in Bangladesh. China is horrific. Slave labor in the Marianas. What will it take for people in this country to stop pretending this stuff doesn't exist, and that it doesn't make it harder to maintain standards in this country. I also think the Teamsters would prefer to organize the Mexican drivers and won't be the ones doing the tire slashing.

[northzax]

35. US: truck kills two near Oklahoma City

http://www.enidnews.com/localnews/local_story_133234459.html?keyword=secondarystory

also: Tanker fire destroys part of MacArthur Maze

and the ever so much fun to read: 25,703 killed in US Truck Accidents, 1999-2003 (.pdf)

more people are killed by trucks in the US every year than Americans have been killed by terrorism since WWII. And you think Mexico is the problem? 5,000+ Americans are killed every year by US truck drivers. It's a fucking massacre out there, let's talk about dealing with that, before we start insinuating something about Mexicans, shall we?

5,000 people.

[hunter]

12. It's time for the Unions to go international.

That would end this debate right quick.

The U.S. oligarchy and the Mexican oligarchy have always been friendly, and it's always been to their advantage to turn workers against one another.

U.S. truck drivers have more in common with Mexican truck drivers than they do with the people they work for.

[monmouth]

13. Drivers who cannot read and understand English road signs are dangerous..eom

[northzax]

16. which is why...

all drivers admitted under the program will have to have the equivalent of a CDL. in case you haven't noticed, almost all road signs don't require reading much at all, anyway, it's not War and Peace, you need about 20 words of English to understand US road signs. "speed" "caution" "left" "right" "miles" "workers" "turn" "no" "pass" "exit" "only" and a few more. it's not like signs say "thou shalt not pass on thine right, if thou are a vehicle larger than an automobille and thou wishes to exit said highway at the next exit in 20 miles" US road signs are designed for people who are functionalliy illiterate to be able to read.

[Doremus]

14. The whole point is lower wages so rich CEOs can pocket more.

"Omar Nunez, a 34-year-old driver from Pecos, said he worries that freight prices will drop as shippers turn to Mexican trucking companies that may offer cheaper services.

"As it is, I'm barely making it right now," he said.

Among those most concerned were a group of drivers gathered at the Flying J truck stop in Edinburg, Texas. Much of their business has come from picking up loads that Mexican drivers previously had to leave at the border.

"That's my business," said Gerald Fernow, 36, from Flatonia, Texas. "What am I supposed to do? I'm screwed."

http://realtime.com/realtime_news/rt_us_national_news/rt_us_news/16295042_truckers_protest_mexican_competition____.html?pageid=nandu.category-leaf&pageregion=A3


In the government of, by and for corporations, we're all screwed.

[goddess40]

24. That the only thing this is about

and the only thing that anything the republicans do - whether it's war or catering to the religious nut jobs it always comes back to money.

[bperci108]

15. One question that no one can seem to answer...

...is why is it just the trucks from Mexico? :wtf:

I drive one for a living and I see dozens of Canadian trucks every day. Licensed in Quebec, Ontario, even P.E.I. once in awhile.

It's been like this for years and I hear absolutely no outcry about the "Canadians stealing our jobs".

So again: :wtf:

Is it really about safety, jobs and security?

Or is it just more of the same old thinly-veiled racism and divide-and-conquer tactics that the Owning Class has been using for years.

[hunter]

18. It's the old divide-and-conquer, clearly.

Oh no! Brown people!

Nationalism makes a nice cloak for racism here.

Both "isms" are toxic.

[sandnsea]

27. It's wages and quality standards

As long as we're all somewhere near the same playing field, then nobody is going to complain. It's trying to compete with countries that have next to no environmental or social regulations in place.

[northzax]

36. so you say when they operate here

they have to follow those same standards we have to follow. under penalty of imprisonment and forfeiture. that's how you even the playing field.

[pampango]

38. Excellent point. Level the playing field and let them compete.

The response to this I seen elsewhere are twofold. One is that inspections will not work. (On the face of it a RW talking point - government inspectors can't do their jobs effectively and never will.) I haven't yet determined that this anti-inspection bias applies to WMD and port container inspectors, also, or just to inspectors of Mexican trucks.

Two would be that, even if inspections work and Mexican trucks operating in the US are as good as Canadian trucks, you have the issue of the drivers. They are poor. (We can't compete with poor people.) They are illiterate. (Reading highway signs seems to require a lot of education.) They are also terrible drivers (not that we are stereotyping any ethnic groups here) and could well be drug-smugglers as well.

[Gormy Cuss]

31. there are many Canadian Teamsters.

That's probably the main reason that American Teamsters don't complain about them. I don't get the sense that there are many union drivers coming north from Mexico.

I think for the Teamsters it's a union job security issue phrased as a safety issue. Mexican truckers have been improving the quality of the border crossing trucks in response to U.S. demands and fewer trucks fail inspection every year. Of course, it may be in part because fewer trucks are being inspected. Some right wing sources state that the Mexican truck failure rate is less than 15% greater than U.S. trucks. I've yet to see good numbers from a site I trust however so take that stat with a grain of salt.

[proud2BlibKansan]

39. Uh, Clinton DID bring us NAFTA