http://www.americandaily.com/article/17132

 

Guest Opinion/Commentary* 

Port of Miami – Terrorism and Trucking 
By Renee
<mailto:[EMAIL PROTECTED];[EMAIL PROTECTED]
merican%20Daily%20Feedback>  Taylor (01/08/07) 




The arrest of three men of Middle Eastern descent at the Port of Miami
brings to the forefront concerns of terrorism and the trucking industry. The
Iraqi driver of the white Freightliner, pulling a blue cargo container, had
all the necessary documentation stating that the truck was legal to
transport freight in the United States, according to initial reports. It was
the driver’s inability to tell the port security officer what freight was in
the container that triggered an alarm. This information is clearly stated on
every manifest/bill of lading, which is a required document for each and
every load of freight. 

The initial search of the Freightliner turned up two undisclosed passengers,
one of Lebanese descent. Initial reports also stated that one of the men had
an outstanding warrant. The three have been detained.

According to a press conference at the Port of Miami, the spokesperson for
Miami Dade Police, Nancy Goldberg, gave the driver’s age as twenty years
old. The Federal Motor Carrier Safety Administration regulations, rule
391.11, state the following:

§391.11 General qualifications of drivers. 

(a) A person shall not drive a commercial motor vehicle unless he/she is
qualified to drive a commercial motor vehicle. Except as provided in
§391.63, a motor carrier shall not require or permit a person to drive a
commercial motor vehicle unless that person is qualified to drive a
commercial motor vehicle.

(B) Except as provided in Subpart G of this part, a person is qualified to
drive a motor vehicle if he/she —

(B)(1) Is at least 21 years old;

(B)(2) Can read and speak the English language sufficiently to converse with
the general public, to understand highway traffic signs and signals in the
English language, to respond to official inquiries, and to make entries on
reports and records;

If this driver was twenty years old, he would not have a legal commercial
drivers license, therefore would not be able to transport freight
interstate. My question to the authorities is this – why is a twenty year
old from Dearborn, Michigan, delivering freight to the Port of Miami? The
authorities are also stating that the entire event was due to
“miscommunication”. Section 391.11 (B) (2) states the driver must be able to
speak and understand English well enough to respond to official inquires.
There are a multitude of red flags with this case. A person who is not
qualified to obtain a commercial drivers license drove an eighteen wheeler
from Dearborn, Michigan, to Miami, Florida. In the cab were two people, one
with no identification. 

The possibility of trucks used in relation to terrorism is not new, but with
the focus on the airlines and ports, there has been little discussion with
regard to the trucking industry. In 2005, background checks began being
required for those drivers with a hazardous materials endorsement on their
commercial drivers license (CDL). It paid lip service to a serious, but
often overlooked, security problem. 

In order to obtain a CDL, all one must do is be at least twenty-one years of
age, pass a written and driving test. Unless, as stated previously, a
hazardous materials endorsement is required, there is no background check.
The CDL holder then has to submit to a drug test and provide his or her
driving record to obtain a job driving a truck.

The possibility of one using a truck assigned to him or her in the course of
legitimate employment to commit acts of terrorism is just as much a reality
as the “stolen/hijacked truck” scenario. One scenario of terrorism via truck
is contaminated cargo in the trailer. This received much attention with the
e coli outbreaks last year. However, the compartments of the truck’s side
box and below the sleeper should not be ruled out as hiding places for bombs
and/or contaminates.

This leads us to the conclusion that the possibility of terrorism via trucks
is very real. Random inspections at weigh stations usually involve checking
the manifest/bill of lading, truck registration, a visual inspection of
truck and trailer and a check of the driver’s log book. If there are no
violations, the driver is released.

There is no way to determine whether or not a person is a future terrorist
when he or she obtains his or her commercial drivers license or at the time
of hire with a motor carrier. The background checks for the hazardous
materials endorsement does help eliminate those drivers with criminal
records, but one must remember, Mohammed Atta did not have a criminal
record. The effect this background check has on catching potential
terrorists is minimal at best and further regulation on an over-regulated
industry is not the answer.

Security at shippers and receivers has gotten better since September 11,
2001. Many facilities are now requiring drivers to provide their driver’s
license, as well as logging the base plate number and truck number. Many
facilities have begun restricting access to many areas. In most cases, there
is one way in and one way out – with guards at each gate monitoring incoming
and outgoing trucks.

The answer at this point is to follow the example of the guard at the Port
of Miami. It is not known what could have happened had those at the initial
point of contact had not acted accordingly. The quick reaction by the Port
of Miami serves as a shot across the bow to potential terrorists that our
nation’s port security is taking terrorism seriously and as a warning to the
nation’s motor carriers and professional truckers to begin doing the same. 



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