Wednesday, November 27, 2002
DOT 107-02
Contact: Dave
Longo
Telephone: 202-366-0456
U.S. Transportation Department Implements NAFTA Provisions for Mexican Trucks, Buses
U.S. Transportation Secretary Norman Y. Mineta today
directed the U.S. Department of Transportation’s Federal Motor Carrier Safety
Administration (FMCSA) to act on the 130 applications received thus far from
Mexico-domiciled truck and bus companies seeking to transport international
cargo in cross-border services in the United States or to provide regular route
services between Mexico and the United States.
Secretary Mineta’s action was prompted today when
President Bush modified the moratorium on granting operating authority to
Mexican motor carriers. The
President’s action means that the United States has fulfilled its obligations
under the North American Free Trade Agreement (NAFTA) and that Mexican truck and
regular-route bus service into the U.S. interior can begin.
As a practical matter, this service will begin only after the FMCSA
reviews Mexican carrier applications and grants provisional operating authority
to qualified Mexican truck and bus companies seeking this authority.
“By modifying the moratorium, President Bush has made
good on his commitment to open the border to international trucking and
cross-border regular route bus service. This
will help increase trade between our countries,” Secretary Mineta said.
“Mexican carriers and drivers must meet the same standards as U.S.
operators. I
have made a lifelong commitment to equality under the law and will not, however,
tolerate discriminatory enforcement. In
this matter of trucking, as in all the modes of transportation, the pervasive
issue is safety.”
Secretary
Mineta added, “We look forward to working with Mexico, in the same way that we
already are cooperating with the Canadians, as we synchronize our activities in
advance of opening the border for expanded passenger bus and truck
operations.”
Kenneth M. Mead, the Inspector General of the Department of Transportation, stated: “The Department has worked diligently and aggressively to fulfill the requirement for establishing a strong safety program before the southern border was opened to long-haul Mexican truck traffic. This objective has been met by having in place a sufficient number of inspectors, adequate facilities and space for inspections, measures to ensure that licenses are valid and that motor carrier firms pass safety and compliance reviews. These actions are testimony that this Secretary and the Department place a high value on safety. As mandated by Congress, we will continue to review and report on the implementation of these requirements.”
Mexican
trucking firms that receive operating authority as a result of this process will
be permitted to deliver and back-haul cargo to and from the United States.
Similarly, Mexico-domiciled bus companies will be permitted to schedule
regular passenger service to and from points in Mexico and the United States.
Mexico is obligated under NAFTA to provided expanded access for U.S.
carriers.
The change in the moratorium today affects only
international cargo and service between the United States and Mexico.
It left in place the moratorium on permits to Mexico-domiciled motor carriers for providing
truck or bus services between points in the United States.
The FMCSA, which regulates interstate truck and bus safety, will be granting operating authority only to Mexican motor carriers that comply with all U.S. safety standards and insurance requirements. The agency has established a detailed application process and a comprehensive safety monitoring program, which are intended to ensure that only Mexican carriers capable of fully complying with U.S. safety regulations operate in the United States. Individual applications are being reviewed and as soon as all the administrative steps are completed, including completion of on-site safety audits, qualified motor carriers will be granted provisional operating authority.
The Department will continue to work closely with the Department of Justice, the Office of Homeland Security, and other relevant federal agencies to help ensure the security of the border and prevent potential threats to national security.
In
preparing for the day when it could implement the truck and bus provisions of
NAFTA, the FMCSA met or exceeded its own safety goals as well as requirements of
the Fiscal Year 2002 Transportation and Related Agencies Appropriations Act.
That law set 22 preconditions for FMCSA to meet before it could process
and approve any applications from Mexican carriers.
These requirements included increasing the number of border
enforcement staff to 252 persons, including 144 safety inspectors, 67 auditors,
and 41 safety investigators. FMCSA
has also constructed and expanded inspection stations along the border; provided
additional parking areas for vehicles taken out of service for safety
violations; acquired and installed weigh stations; and made other improvements
to infrastructure and federal and state facilities.
Mexican drivers will be subject to U.S. drug and alcohol
requirements. They also must follow
U.S. hours of service rules to ensure that they have sufficient rest to drive
safely, and they must maintain logs to prove it to safety inspectors.
To drive in the United States, commercial drivers from Mexico must have a Licencia Federal, the Mexican equivalent of a U.S. commercial driver’s license. In a 1991 memorandum of understanding, the United States and Mexico established reciprocity between the Mexican Licencia Federal and the U.S. commercial driver’s license. The 1991 memorandum includes recognition by the United States that Mexican truck drivers who possess a Licencia Federal also meet U.S. medical requirements. U.S. and Mexican truck inspectors can access federal and state databases in the United States and Mexico during an inspection to check whether a driver's license is valid.
To receive operating authority, all Mexico-domiciled carriers
must undergo a safety audit by the FMCSA. During
these audits, inspectors assess a carrier’s safety posture and assist
applicants with information concerning U.S. safety regulations and help ensure
that these carriers have methods in place to comply with the safety regulations.
The United States and Mexico will share safety data generated on both
sides of the border in such audits by U.S. officials.
Of the 130 Mexico-domiciled motor carriers that have applied to begin
cross-border long-haul cargo service into the United States, approximately half
are ready for safety audits.
To help ensure safety,
Mexican carriers granted authority to operate in the United States beyond the
border commercial zones also will receive a formal compliance review within the
first 18 months of operation. Carriers
that receive and maintain satisfactory compliance ratings will be awarded
permanent operating authority at the end of the 18-month period of operating
under provisional operating authority.
All Mexican
trucks and buses operating in the United States will be required to display a
valid Commercial Vehicle Safety Alliance (CVSA) inspection decal.
These decals, valid for 90 days, indicate a vehicle has passed a safety
inspection by a qualified inspector. Likewise,
Mexican truck and bus companies will be required to carry U.S. insurance while
operating in the United States.
In addition
to the 130 Mexico-domiciled motor carriers that have applied to operate beyond
the border commercial zones in the United States, 854 Mexico-domiciled motor
carriers have applied to the Federal Motor Carrier Safety Administration for
provisional certificates of registration to operate in the border commercial
zones. Of these 854 applicants, the
FMCSA has issued provisional certificates to 459.
Since
Congress imposed the moratorium in 1982 and until now, most Mexico-domiciled
trucks crossing the border into the United States have been restricted to
operating in “commercial zones,” which are areas surrounding U.S. cities.
Commercial zones along the southern border generally extend 3 to 20 miles
past the corporate limits of cities, depending on population.
Even with the implementation of the truck and bus provisions of NAFTA,
most trucks from Mexico will be certified for operating only in commercial
zones. In 2001, the latest year for
which statistics are available, there were about 4.3 million crossings into the
United States border commercial zones from Mexico. According to an estimate based on figures from the late
1990s, these crossings are by about 63,000 Mexican trucks.
Additional
information and background on the U.S. Department of Transportation’s actions
concerning NAFTA are on the World Wide Web at www.fmcsa.dot.gov/.
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