Mexico Posts Requirements for U.S. Trucks Seeking Access to Roads Under Pilot Project
By Sean McNally, Senior Reporter
This story appears in the July 9 print edition of Transport Topics. Click here to subscribe today.
The Mexican government has posted its requirements and procedures for U.S. trucking companies seeking access to its highways as part of a controversial cross-border pilot project.
Under the terms posted on the Mexican transportation agency’s Web site, U.S. firms have to submit information about the trucks that would be used for cross-border freight movements, fleet safety records, and results of driver physicals and drug and alcohol tests, and submit to on-site inspections by Mexican officials inside the United States.
“Reciprocity is an integral part of the cross-border trucking demonstration program,” said Melissa Mazzella DeLaney, spokeswoman for the Federal Motor Carrier Safety Administration. “We’re glad to see that the application for U.S. carriers to operate in Mexico is available and encourage those who are interested in participating to apply.”
“We’re reviewing the text, but we’re encouraged that the Mexican government is moving on reciprocal access for U.S. carriers,” said Tim Lynch, senior vice president of strategic planning and federation relations for American Trucking Associations.
Meanwhile, in the United States, 114 members of Congress sent a letter to President Bush on July 2 expressing “grave concerns” about the program and urging him “to suspend plans” to open the border.
“Congress and the American people seriously question the ability of Mexican motor carriers and drivers to adhere to our country’s strict safety rules, as well as the administration’s preparedness and willingness to ensure Mexican truck drivers obey our homeland security and immigration rules,” the letter said.
Under the proposal originally announced in February, up to 200 U.S. and Mexican carriers would be allowed to travel between the two countries (3-5, p. 1).
Following an outpouring of criticism, much of its focused on the safety of Mexican carriers, Congress included a provision in a supplemental military spending bill stating that DOT could not move forward with the pilot unless Mexico also allows U.S. carriers to go south at the same time and more information about the program was made public. President Bush signed the measure into law in May (6-4, p. 1).
Last month, FMCSA published additional details of the program, and agency Administrator John Hill said the current comment period on the program would close on July 9. Several groups, including Public Citizen and the Owner-Operator Independent Drivers Association, have sought to extend the public comment period even further.
Hill said the FMCSA has received nearly 2,000 comments, mostly in opposition to the program.
Public Citizen, commenting on behalf of nearly a half-dozen organizations, said that the information provided by FMCSA on the project was “woefully inadequate” to satisfy the new disclosure requirements.
“FMCSA is once again prepared to disregard congressional mandate, public opposition and judicial requirements in order to push forward the pilot program,” it said.
The Owner-Operator Independent Drivers Association said it “categorically disagrees” with DOT that the cross-border proposal “is required by our country’s commitments under the North American Free Trade Agreement and will result in many economic benefits.”
“DOT’s drive and intent to fulfill the United States’ commitments under NAFTA do not permit the agency to ignore other laws that must be followed in pursuit of such an effort,” OOIDA said.
Not all the comments were in opposition to the program. ATA said it “supports and agrees with FMCSA’s conclusion that the agency has satisfied the requirements established” by Congress in 2001 to govern cross-border trucking.
Hill told Transport Topics in a June 26 interview he was “surprised that the antagonists of this program have chosen to use safety as the means for which they are objecting.”
“I think that’s misleading to the American public,” he said. “It’s not appropriate to generate fear and undue concern to the American public over something that the agency that is charged with the safety of the motor carrier industry has said we’ve got properly addressed.”
Rep. James Oberstar (D-Minn.), chairman of the House Transportation and Infrastructure Committee and one of the most vocal critics in Congress of the cross-border pilot proposal, said he is still concerned about how Mexican drivers will comply with U.S. hours of service rules.
“There’s still a question about the ability to track the trucker on the Mexican side of the border and their hours of service. Is there a reliable system in place? We think not,” Oberstar said during a June 19 interview.
“There’s nothing to persuade me or our committee staff that the Mexican government and their trucking companies are capable of tracking the hours of service on their way to the border,” he said.
