Claiming that Secretary of Transportation Norman Y. Mineta is moving much too slowly in some critical areas, Parents Against Tired Truckers (PATT), Citizens for Reliable and Safe Highways (CRASH), Public Citizen and Teamsters for a Democratic Union (TDU) began shaking his tree. On Nov. 26, 2002, they filed suit against Mineta and his DOT petitioning for a Writ of Mandamus and For Relief From Unlawfully Withheld Agency Action. (By definition, a Writ of Mandamus is an extraordinary writ commanding an official to perform a ministerial act that the law recognizes as an absolute duty and not a matter for the official’s discretion).

According to Joan Claybook, chairperson for CRASH and former administrator of the National Highway Traffic Safety Administration, the United States Congress ordered the Department of Transportation to issue rules relating to a number of safety issues but DOT has effectively, “thumbed its nose at Congress, ignoring Congress’ demands.”

What the suit alleges:

• Background checks for commercial drivers: Congress ordered DOT to issue a rule by Jan. 31, 1999. Though four years overdo, DOT has taken no steps to comply.

• Hours of service: Congress ordered DOT to issue a final rule by March 1, 1999. Faced with heavy opposition from the trucking industry, these rules are now more than three-and-a-half years overdo.

• Minimum training requirements for drivers of multi-trailer rigs: Congress set a Dec, 18, 1993, deadline for a final rule, which is now nine years overdo.

• Minimum training standards for entry-level drivers of commercial motor vehicles: Congress ordered DOT to produce a final rule by Dec. 18, 1993. A report was issued in February, 1996, but no rule has yet been formulated.

• Requirements for authorization to transport hazardous materials: DOT was ordered to produce a final rule by Nov. 16, 1991. DOT has done nothing.

• Requirements for more truck safety inspectors at international borders: Rule was due Dec. 9, 2000, but has not been forthcoming.

The petitioners of this suit seek an order from the court requiring DOT to issue the truck safety regulations at issue. With regard to the hours-of-service, the suit states, “because DOT has already issued notices of a proposed rulemaking and taken public comment, DOT should be required to issue final rules within 30 days after this Court compels such action.” On the other safety issues, final rules should be ordered within 120 days.

According to Randi Baun, Executive Director of PATT and CRASH, “The FMSCA has a long history of delaying, disregarding and diluting important and necessary safety regulations that would advance the safety of all motorists including truck drivers. the agency responsible for truck safety is asleep at the wheel.”

DOT itself admits that approximately 755 fatalities and 19,705 injuries occur on our highways each year because of fatigued drivers. It is a matter of record that more than 5,000 men, women and children are killed on our highways in accidents involving large commercial vehicles each year. Daphne Izer, founder of PATT put it concisely in a recent statement: “Precious lives are being lost every day on our nation’s highways because the Federal Motor Carrier Safety Administration (FMSCA), a division of DOT, has refused to take action about the unsafe conditions on our highways. It is far past time for FMSCA to take real action to protect the American people-the drivers, passengers and truck drivers themselves-who use our roads.”

In the face of the facts put forth in this petition, this truck driver has no choice but to agree with Mr. Baun, Ms. Izer, et al. While this administration spends billions to protect the American people from a perceived terrorist threat, it does nothing to lessen the very real and present carnage on our highways. The controversy surrounding the past proposed hours-of-service notwithstanding, DOT is failing the motoring public, the trucking industry and professional drivers with its bureaucratic paralysis.

Guy Bourrie has been hauling on the highways for 20 years. He lives in Washington, Maine, and can be reached at redhaven@midcoast.com.

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