Bush Administration's Illegal Rule Makes Roads Less Safe, Court Told

[Omaha Steve]

Source: Sun Herald

WASHINGTON, Jan. 10 --
The Bush administration broke the law again when it reinstated an hours-of-service rule that is making highways more dangerous, safety advocates told the U.S. Court of Appeals for the D.C. Circuit on Thursday.

The Teamsters Union joined Advocates for Highway and Auto Safety and Public Citizen in fighting the Federal Motor Carrier Safety Administration (FMCSA) interim final rule issued in violation of a court order in December.

The rule, which was twice thrown out by the court, allows truck drivers to drive for 11 hours, one more hour than they were allowed previously. It allows them to work as many as 84 hours a week, which could lead to dangerous fatigue.

"The Bush administration has no shame about breaking the law," said Teamsters General President Jim Hoffa. "This hours-of-service rule is as lawless as opening the border to unsafe Mexican trucks, but they just don't think the law applies to them.



Read more: http://www.sunherald.com/447/story/292769.html

[OhioChick]

1. Everything "Bush"

Makes us less safe.

K&R
:kick:

[GoddessOfGuinness]

2. What a pity we have a gutless Congress.

They don't even have the courage to put criminals behind bars. :(

[harmonicon]

3. I would prefer the government listen to the teamsters

But if they don't, I hope this union gets pissed off big time and starts some serious fucking action. That would really show this country the importance of workers and the power of unions.

[Ikonoklast]

4. The 'new' OOS rules have been in effect for over two years now

The FMCSA has re-instated them as an interim measure while another legal challenge wends its' way through the court system. The rule-making methodology was challenged, not actually the rules themselves. The science used to study fatigue and rest cycles of the drivers is sound.

PATT, CRASH, Public Citizen, the Teamsters and other advocacy groups have sued the FMCSA each time there has been a rule change, for various reasons, mostly technical in nature as to how the rules have been allowed to be commented on before being put into force, and the methodology used to verify the studies behind driver health and fatigue. Some of these groups have sued the FMCSA over studies that they themselves conducted and were used by the federal agency, which baffled a lot of people.

I think they are wrong on this issue, as new crash and fatality studies have come into play. I believe that there has only been one fatality recorded due to fatigue in the eleventh hour of driving in the last eighteen months. It is actually more dangerous in the very first hour of driving, as that is statistically the time, on a percentage basis, most accidents occur.

The 'new' rules allow me drive eleven hours a day, be 'on duty' for a total of fourteen hours a day ('on duty' means any combination of driving and loading/unloading, fueling, etc.) then take a mandatory ten hour break. I am allowed the exact same amount of hours to work in a seven-day week as before (70), but get an hours 're-set' after thirty-four continuous hours off. Once I start my day, however, I cannot stop the clock from ticking down those fourteen hours. If I start my day at 0600, I have to be parked by 2000.

I like these rules. They make far more sense than the old ones; they aren't perfect, but they do work. I get more rest than under the old rules (only a mandated eight hour break; try getting dinner, a shower, some personal time and some sleep all in eight hours every night, or morning as the case may be) and would hate to go back to them.

The Teamsters know that if the OOS change back to the old system, it means companies would have to hire more help as the outdated rules really impinged the movement of freight. It doesn't have anything to do with safety; that is a smokescreen as the old work rules were actually less safe to work under.

The FMCSA will get sued again no matter what, and was sued under Clinton as well. It will be sued under the next Democratic president. Some of these groups have totally unreasonable goals, and will sue when the next set of rules come forth, no matter what they are. They have already told the FMCSA that they are going to do so.

That's just stupidity, and has cost taxpayers millions.

[keopeli]

7. Interesting comments. Thanks! n/t

[Up2Late]

5. Did the Bush PR team rename an old agency as the "Federal Motor Carrier Safety Administration"???

Because to me, the "Federal Motor Carrier Safety Administration" just sounds VERY Orwellian, or maybe we should start calling it "Bushy" or Bushian" or something like that now.

I DO think this is just one more aspect of the "Bush Plan" to destroy all trust in the Federal Government, there by helping to add to their effort to create a "smaller government," a.k.a. Fewer Laws and people to enforce those laws.

[Ikonoklast]

6. Ummm, it was under Bill Clinton

Dec. 9 1999 bill authorizing the new FMCSA signed into existence by President Bill Clinton.

[bluesmail]

8. figures

[Up2Late]

11. Yes, SIGNED by President Clinton, created and no doubt named by the Republican's in Congress!

I swear, the Clinton haters here just LOVE blaming President Clinton for all the stupid crap the Republican controlled Congress did while he was President and facing Impeachment for an ill advised blow-job.:eyes:

[Ikonoklast]

12. You would be wrong.

It was a prority of the Clinton Administration to streamline the rules governing transportation in order to facilitate cross-border traffic in North America. It is an adjunct to the implementation of NAFTA.

The Clinton Administration pushed for thr creation of the FMCSA from day one.





U.S. Transportation Secretary Slater Inaugurates New Motor Carrier Safety Agency


U.S. Transportation Secretary Rodney E. Slater today marked an historic moment in American transportation safety by formally inaugurating the new Federal Motor Carrier Safety Administration (FMCSA). Secretary Slater called on the newest agency of the U.S. Department of Transportation to provide the leadership, direction and action necessary to continue to improve motor carrier safety, save lives and guide the nation to reduce by 50 percent truck- and bus-related fatalities by 2010.

"Safety is President Clinton's and Vice President Gore's highest transportation priority, and America is depending on this new agency to bring about a renewed will to reduce deaths in truck and bus crashes," Secretary Slater said. "This is a fresh start, and we will take bold and aggressive action to create change. We enthusiastically embrace this challenge."

On May 25, 1999, Secretary Slater announced a long-range goal of reducing fatalities associated with truck and bus crashes by 50 percent by 2010. There were 5,374 such fatalities in 1998, the latest year for which data is available.

Secretary Slater emphasized that the bipartisan leadership of President Clinton and Vice President Gore, and key authorizers -- U.S. Senators John McCain and Ernest F. Hollings, and U.S. Representatives Bud Shuster and James L. Oberstar -- was instrumental in achieving passage of the Motor Carrier Safety Improvement Act of 1999, which created the FMCSA. He added that U.S. Representative Frank Wolf also helped focus attention on enhancing motor carrier safety. The Secretary extended his appreciation to the safety community, organized labor, law enforcement representatives, and the truck and bus industries for their vision in helping to shape the new oversight agency.


more

[bluesmail]

9. what does this have to do with UAA-?

maybe I've got the acronym wrong,it's the Super Highway going from Mexico through USA to Canada, and it'll really screw with truckers, just wish I could think of the initials.

[defendandprotect]

10. This is doubly frightening since our NJ legislature loosed the trucks on ALL of our NJ roads!!!

These drivers are often also sleeping in the backs of their trucks ---
and generally not getting sufficient rest --- and Congress knows this!!