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Lawsuit Filed Against FMCSA to Get Information About Bush Administration’s Mexico-Domiciled Trucks Plan

March 13, 2007 

Lawsuit Filed Against FMCSA to Get Information About Bush Administration’s Mexico-Domiciled Trucks Plan

Agency Has Not Responded to FOIA Request About Pilot Project to Open  U.S. Highways to Potentially Dangerous Vehicles

WASHINGTON, D.C. – Public Citizen sued the Federal Motor Carrier Safety Administration (FMCSA) today on behalf of a highway safety organization to compel the agency to release information about a controversial program to allow Mexico-domiciled trucks on all U.S. highways.

The nonprofit group Advocates for Highway and Auto Safety filed a Freedom of Information Act (FOIA) request with FMCSA in October 2006 for information about activities surrounding any program to evaluate Mexico-domiciled motor carriers that would be permitted to operate beyond the Mexico-United States border zone. No details about the methodology for evaluating this “project” or its criteria have been revealed, yet public safety is at stake. The group is particularly concerned with how such a program would comply with congressional restrictions and safeguards established in the 2002 U.S. Department of Transportation and Related Agencies Appropriations Act and the statute that governs pilot projects. 

In February 2007, the Bush administration announced a 12-month pilot project to allow Mexico-domiciled trucks to operate beyond the border zone. Although agencies are required to respond to FOIA requests within 20 working days, FMCSA has not provided the requested documents about the program for months. The lawsuit seeks to require the agency to produce the materials requested.

“FMCSA has been stonewalling us by not supplying the information on this program,” said Jackie Gillan, vice president of Advocates for Highway and Auto Safety. “We’ve been forced to sue because the agency has been trying to keep this material out of the public domain.”  

Highway safety groups maintain that the administration’s proposed project fails to comply with congressionally mandated safety requirements, which must precede implementation of a 2001 NAFTA order requiring the border to be open to Mexico-domiciled trucks traveling throughout the United States, and fails to comply with rules governing the conduct of pilot projects.

“In the seven years of its existence, FMCSA has proven it does not have the manpower or political will to adequately monitor and regulate the U.S. trucking industry to protect public safety,” said Public Citizen President Joan Claybrook. “Under this so-called pilot project, whose details are still secret, the agency will be responsible for protecting the public from potentially dangerous Mexico-domiciled trucks. It just isn’t up to the job. We need to know what it is doing.”

To read the lawsuit, click here.