California freeway fire calls anti-terror rules into question

OAKLAND, Calif. — Tough anti-terrorism rules designed to limit who can transport hazardous materials on highways don't prevent people with checkered backgrounds from becoming truckers, experts and regulators acknowledged Tuesday.

Those rules are aimed at weeding out terrorists, not necessarily other criminals, a spokeswoman for the U.S. Transportation Security Administration (TSA) said.

The issue surfaced after the explosion and intense fire from driver James Mosqueda's gasoline tanker Sunday caused the collapse of a busy Bay Area highway overpass. Despite a history of criminal convictions, Mosqueda, 51, passed an FBI criminal-history check and an intelligence review from the TSA to get approval to drive a truck carrying hazardous materials.

On Tuesday, demolition crews finished clearing the charred debris, and hundreds of thousands of commuters settled into new routines on bus routes, subways or just working from home. It was clear the highway collapse was impeding traffic, but rush-hour slowdowns didn't turn into the gridlock authorities had feared.

The TSA concedes that its screening rules are contributing to a growing trucker shortage, but a spokeswoman said the checks aren't designed to identify people with Mosqueda's type of record, which includes a two-year prison term for a 1996 heroin conviction and other arrests but no terrorism charges.

Investigators believe Mosqueda might have been speeding at the time of the crash, but they do not believe drugs or alcohol were factors in the accident.

"We're looking for terrorists," spokeswoman Andrea McCauley said. "We're looking for people who would be involved in terrorist activities — that's the scope."

Joe Come, program director for motor-carrier safety for the U.S Department of Transportation Inspector General's Office, said the crash raises a broader issue.

"There's a general question of how hard do you want to make it for people to get a commercial driver's license or anything else that can affect public safety," Come said. "Do we hold them to the same standard as airline pilots?"

Family and friends said Mosqueda, who remains hospitalized with second-degree burns, has been sober for a decade, is active in his church and works as a drug and alcohol counselor with a Hispanic health organization.

But an industry expert questioned rules that allowed someone with Mosqueda's background to operate a truck loaded with more than 8,000 gallons of gasoline.

"He is unemployable because of [his] past record. That would be our recommendation right off the bat," said Darryl Tolentino, managing director of Fleetwatch Systems Inc., which performs driver background checks for trucking companies.