A group of organizations ranging from the Teamsters and the Owner-Operator Independent Drivers Assn. to Public Citizen and Advocates for Highway and Auto Safety Tuesday contended that pending legislation regarding cross-border trucking with Mexico does not violate the North American Free Trade Agreement.

President Bush has threatened to veto measures included in the transportation appropriations bill that would put tough requirements on Mexican truckers wanting to operate in the United States, saying the bill violates the long-delayed trucking provisions of NAFTA.
But a group of organizations released a study demonstrating that Senate legislation on cross-border trucking is compliant with the NAFTA. The legal analysis, prepared by international trade law firm Dewey Ballantine LLP, says that under NAFTA, the U.S. government has the authority to ensure that trucks from Mexico meet safety and health standards before traveling on U.S. highways. The report was prepared for the Transportation Trades Department of the AFL-CIO.
The Dewey Ballantine study found that the Senate provision (called Murray-Shelby after sponsors Patty Murray of Washington and Richard Shelby of Alabama) is NAFTA compliant. The legal eagles note the legislation removes the ban on Mexican trucks once DOT safety regulations have been implemented; Mexican trucks are subject to the same regulatory requirements as U.S. trucks; and DOT certification of new inspectors won't negatively affect cross-border trucking.
"Throughout the debate over unsafe Mexican trucks, the Teamsters have fought for safety," said James P. Hoffa, Teamsters president. "Corporations have insisted on sacrificing our highway safety in the name of NAFTA. The Murray-Shelby compromise is sensible legislation. Those who would oppose it obviously care more about profits than the American lives put at risk."
Meanwhile, the U.S. Supreme Court refused to hear an appeal of a lawsuit by the United Steelworkers of America claiming that NAFTA was unconstitutional because it never was approved by a two-thirds majority of the U.S. Senate under procedures governing treaty ratification.