Newsletter
Groups ask Court to Force DOT to Establish and Enforce Safety Rules for Trucks
Four groups have asked the U.S. Court of Appeals in Washington, D.C., to order the U.S. Department of Transportation (DOT) to establish truck safety rules that the groups assert are long past due.
The groups -- Public Citizen, Citizens for Reliable and Safe Highways (CRASH), Parents Against Tired Truckers (PATT) and Teamsters for a Democratic Union (TDU) -- claim that DOT is violating the law by failing to establish rules relating to (1) transporting hazardous materials, (2) checking backgrounds of drivers, (3) inspecting border staffing levels, and (4) the number of hours truckers may drive without sleep.
Joan Claybrook, president of Public Citizen and past Administrator of the National Highway Traffic Safety Administration (NHTSA), says, “These rules are critical to making our highways safer. This is DOT’s job, yet it has essentially thumbed its nose at Congress, ignoring Congress’ commands.”
These organizations assert that DOT has failed to establish rules relating to:
-- Training requirements for drivers of multi-trailer rigs and long-combination vehicles. The groups’ petition asserts that Congress established a still unmet deadline of December 18, 1993.
-- Training requirements for commercial motor vehicles operated by entry-level drivers. The groups assert that DOT submitted the required report on private training to Congress over three years late (in February 1996), and still has not issued the final rule.
-- Fatigue, rest periods, service hours, and other driver-fatigue-related issues. The groups assert that Congress ordered DOT to establish a final rule by March 1, 1999, pointing out that DOT estimates tired drivers cause 755 fatal accidents each year.
-- Authorization requirements for transporting hazardous materials. Congress required DOT to establish a rule by November 16, 1991, but the groups’ petition asserts that nothing has yet been done.
-- Checking the backgrounds of new commercial drivers. This includes the facts potential employers must collect, and the facts previous employers must provide. The groups’ petition asserts that Congress ordered DOT to establish this rule by January 31, 1999.
-- Increasing the number of truck safety inspectors at international borders. The groups’ petition asserts that Congress ordered DOT to establish this rule by December 9, 2000.
Marka Peterson, a lawyer with Public Citizen Litigation Group, says, “We are optimistic the federal court will agree with us because the DOT’s legal violations are so blatant. The pressing safety issues here -- the higher risks on the highways that exist as long as the agency puts off action -- gives the court further, compelling legal grounds for spurring the DOT into action.”
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