Double Deck Trailer Legislation Introduced in Congress

HR 6278 Equine Transport Act of 2008 introduced by IL Rep. Kirk June 17, 2008

- EPN OPPOSES because bill lacks Criminal Penalties thus it is Unenforceable!

If passed this legislation is unenforceable because:

• Public cannot call 911 to report a violation upon observing a double decker with horses on board.
  • How will the U.S. Attorney General know how many violations unless the trailer is stopped by law enforcement so the number of horses can be counted and documented for court?
  • Is the Public expected to investigate, collect, document, and then provide the evidence of the violation to the U.S. Attorney General's Office?
  • Private citizens have reported violations of the Commercial Transportation of Horses to Slaughter Act of 1996 only to be told by APHIS that APHIS does not accept reports of violations from the public!
• State and local law enforcement cannot enforce a law with civil penalties, only criminal penalties
• State and local law enforcement have no incentive to contact the federal government on a law with civil penalties and no related state or local law.
• The federal law enforcement agencies do not respond now to calls from state law enforcement agencies regarding motor vehicles stopped with illegal aliens. If the feds will not respond for a van full of human cargo, why would they respond for a truck loaded with horse cargo?
• Enforcement will only happen when:
  • there is an accident because law enforcement will investigate the accident, thus collecting the evidence needed to prosecute.
  • In states where there is a law banning doubles, PA, NY, MA, MD, RI, VT, state and local law enforcement can enforce the state law, and the U.S. Attorney General could file federal charges because the evidence will be collected by law enforcement.
  • At the U.S. border, if the U.S. border patrol, USDA, and U.S. Customs officials are aware of the law. Again, the Commercial Transportation of Horses to Slaughter Regulations demonstrates that this does not happen. U.S. D.O.T and Motor Carrier inspectors are not aware of the law and do not report suspected violations to APHIS.
• The failed enforcement of the federal regulations, which has Civil Penalties, compared to the successful enforcement of the NY and PA state laws with criminal penalties proves that Civil Penalties are not effective.
• State legislators will point to a federal law banning doubles as a reason not to pass state legislation. As pointed out above, in states where there is a law in place, is where the federal law could be enforced.

Solution?

Amend the law to a chapter in Title 49 Transportation that has criminal penalties. Title 49 Chapter III Part 393 provides criminal penalties and would allow law enforcement state law enforcement officers who have been trained and authorized to enforce the federal motor carrier safety program laws.

Kirk's office maintains that the high fines will be a deterrant. Facts prove that the death penalty does not act as a deterrant. Facts prove that Arlow Kiehl and Don Nickerson, Nickerson Livestock, were not deterred by Carper's conviction and $11,000 fine in NY, or Three Hills Rodeo was not deterred by New Holland and Sugarcreek Livestocks' convictions.

Stay Tuned for more on this important issue.

Read the Legislative History of the Commercial Transportation of Horses to Slaughter Act to better understand the legislative process and the failure of animal and horse welfare organizations to recognize and oppose bad legislation.