@Dept:
DOT Postpones Crossborder Mexican Trucking
One problem was the FMCSA's plan would have given Mexican carriers access to the United States before U.S. carriers got access to Mexico.
Oliver B.Patton
Washington Editor
Bowing to congressional concerns, the Department of Transportation has backtracked on its plan to open the Mexican border to long-distance trucking.
DOT had intended to admit Mexican carriers starting in May. Instead, it's asking for public comments on its plan to select up to 100 Mexican trucking companies for a one-year test of the safety system it has put in place.
The department changed plans after Congress made it clear that it wants DOT to move more slowly. Also in play is a suit to force DOT to collect public comments, filed by the Owner-Operator Independent Drivers Association, the Teamsters union, Public Citizen and the Sierra Club.
The Federal Motor Carrier Safety Administration, the DOT agency that is heading this project, described the project as a way to demonstrate the ability of Mexican carriers to operate safely in the U.S.
Mexican carriers that want to come into this country will have to abide by all U.S. safety rules and must clear an audit that includes an on-site visit from U.S. inspectors. FMCSA has begun the vetting process and has cleared as many as 23 carriers for entry.
One problem with FMCSA's initial plan was that it would have given Mexican carriers access to the United States before U.S. carriers got access to Mexico. The imbalance was caused by procedural problems rather than policy, but now the agency is indicating that it will clear up to 100 U.S. carriers for the same period as the Mexican carriers.
DOT's call for comments was preceded by calls for a new approach from Capitol Hill.
The Senate passed a measure authored by Sen. Patty Murray, D-Wash., that would withhold funding for the program unless access for U.S. trucks to Mexico is simultaneous with access of Mexican trucks into the U.S., and unless DOT puts the project up for public comment.
The House Transportation and Infrastructure Committee cleared a bill that calls for substantive changes in DOT's plan. Like the Senate measure, it would require simultaneous crossing for U.S. and Mexican carriers, but it also would extend the term of the program from one to three years. It would keep the 100-carrier limit but impose an additional limit of 1,000 trucks. And it would require DOT to submit a number of progress reports during the course of the program.
It is not clear at this point whether, or how, this bill will affect the FMCSA plan.
In its request for comments, FMCSA described its plan as a one-year project that allows up to 100 Mexican carriers to enter for long-distance trucking, with no stated limit on the number of trucks. Here is a brief summary of what it is proposing for Mexican carriers:
• They could haul only international shipments – cargo loaded in Mexico and delivered to the U.S., and freight loaded in the U.S. and delivered to Mexico. They are not permitted to haul hazardous material.
• Drivers must comply with the entry requirements of the U.S. Department of Homeland Security. They cannot participate in domestic delivery in competition with U.S. drivers.
• They must comply with all federal and state environmental rules.
• They must certify that their trucks meet U.S. equipment standards set by the National Highway Traffic Safety Administration.
• They will have to comply with all U.S. safety standards, including hours of service, driver medical standards, financial responsibility, drug and alcohol testing, size and weight limits. They must be able to communicate in English.
• Their trucks must clear a safety inspection and have an inspection decal from the Commercial Vehicle Safety Alliance.
• They must clear a "pre-authorization safety audit" that will occur at the carrier's place of business in Mexico. The audit will review the carrier's safety management system, including procedures and records that validate the carrier's safety process.
• They will have to have insurance underwritten by a U.S. insurance company.
• They will have to pay state registration fees and state and federal fuel taxes.
The agency said that several hundred Mexican carriers have filed applications for entry. A carrier is rejected if it hauls hazmat, has any pending enforcement action such as unpaid fines, or has any record of involvement in illegal drugs.
Comments are due by May 31. The proposal was published in the Federal Register May 1. You can read the proposal and all comments at http://dms.dot.gov. The docket number is 28055.
