Mexican Trucks Idle While Americans Debate

Highways across the United States will remain free from Mexican tractor-trailers, at least until July. On May 2, the Transportation and Infrastructure Committee in the House of Representatives passed a measure to limit the Secretary of Transportation's authority to allow Mexican carriers on American roads. The bill passed with a unanimous vote.

The Safe American Roads Act of 2007 (HR 1773) spells out requirements that must be met in order for Mexican companies to operate beyond the commercial zones currently in place at the border. It also limits the Secretary of Transportation's authority in granting access to Mexican companies to 100 motor carriers and 1,000 vehicles. The bill is expected to pass the House of Representatives without opposition.

The project is part of the North American Free Trade Agreement (NAFTA). As of now, no United States carriers are permitted entry into Mexico. Mexican carriers can enter the United States, but they are limited to commercial zones along the border only. The U. S. Department of Transportation has estimated that each year, Mexican trucks enter America 4.5 million times compared to zero entries into Mexico by American carriers. NAFTA's provisions also calls for both countries to relax investment interests in trucking and bussing companies. Mexico has not complied, and the United States has limited Mexican investors to non-controlling interests in U. S. companies.

The Federal Motor Carrier Safety Administration filed a notice in the May 1, 2007 Federal Register requesting public comment on "Demonstration Project on NAFTA Trucking Provisions." (More information about this will be supplied at the end of this article.) U. S. Secretary of Transportation, Mary E. Peters, and Mexico Secretary of Communications and Transportation Luis Tellez Kuenzler, announced the plan. It aims to prove that the NAFTA provisions are effective and safe and leads the way for Mexican and American carriers to flow freely in and out of each country.

Last month, American tractor-trailer drivers staged a "Truck Out" to protest the federal government's push of the program. Another demonstration is being planned for the summer. Drivers across the country, citizens, representatives, and labor organizations posed important questions. Supporters of the plan accused anyone opposed to it of prejudice.

When you look at the list of questions and concerns, it is hard to see how they are based in prejudice:

- Would Mexican drivers be subject to the same Department of Transportation hours-of-service limitations as U. S. drivers?

- Who would be responsible for inspecting the trucks entering the United States?

- What type of background checks would the Mexican drivers go through in order to quality for the program?

- How will Mexican drivers communicate when on American soil?

- Will the Mexican government allow American vehicles on Mexican roadways?

- How will Americans be protected against uninsured Mexican companies and drivers?

- What restrictions will be placed on the Mexican companies concerning interstate freight hauling?

- What protects the American driver's wages?

- Will Mexican companies pay the same fuel tax rates as U. S. companies?

- How will American companies compete against the low wages and fuel costs in Mexico?

- How will American drivers be protected against corruption in the Mexican government?

On April 24, several advocacy groups, along with the Teamsters Union and the Owner-Operator Independent Drivers Association filed a lawsuit filed in federal court to stop the program. The next day, the Mexican Senate proposed to delay the plan until July in order to have time to adjust it.

Public outcry was too loud to ignore. On April 30, Mary Peters, the U.S. Secretary of Transportation, issued a statement to defend the plan. Her announcement, critics say, did not answer all of the questions with solid evidence. She has not commented on whether or not any changes by Mexico from now to July would prompt changes by the United States.

In a filing with the Federal Register, the Federal Motor Carrier Safety Administration writes, "The Mexican government is finalizing an application form and procedures for use by interested U.S. motor carriers." At the time of filing, the Mexican government had not submitted their application forms for U. S. review. In fact, nothing in the notice guarantees when the forms will be available to U. S. carriers or what will happen if Mexico stalls beyond the projected start date of July 15.

Congressman Peter A. DeFazio (OR), Chairman of the House Highways and Transit Subcommittee, was instrumental in going to bat for the American public. He announced that the bill, modified from the original submission by Representative Nancy Boyda (KS), would give an oversight panel the ability to modify or terminate the program at any time should it feel that the American public was at risk. While he did not specifically state that reneging on the part of Mexico would end the program, the oversight panel should be able to deal with any problems that may arise.

American citizens have a chance to weigh in on this issue. Beginning May 1, they have 30 days to comment on the "Demonstration Project on NAFTA Trucking Provisions." You may access the notice published in the Federal Register here. The notice is also listed on the Federal Motor Carrier Safety Association's website (www.fmcsa.dot.gov) in the Rules and Regulations section under Notice.

To submit comments online via the Department of Transportation: (https://dms.dot.gov/submit/dspSubmission.cfm)
For docket number, enter FMCSA-2007-28055.
In the pull-down menu, choose FMCSA for Operating Administration.
The document title is Demonstration Project on NAFTA Trucking Provisions.
Leave all remaining fields set to their default.
Fill out your personal information, if you want, and press continue.
Enter your comments and submit.

To submit comments online using regulations.gov (www.regulations.gov):
Select Federal Motor Carrier Safety Administration for the Agency.
Choose Notices as the document type.
For Keyword or ID, enter Demonstration Project on NAFTA Trucking Provisions.
Submit.
Scroll to find Docket/Document ID FMCSA-2007-0048, and click to open.
On the next page, to the right, click on the bubble to add your comments, and click submit.

You may also fax comments to (202) 493-2251.

If you prefer using the U. S. Postal Service, you may send your letter to: Docket Management Facility,
U.S. Department of Transportation
400 Seventh St. SW
Nassif Building Room PL-401
Washington, DC 20590-0001

Anonymous comments are accepted, but they must include the agency name and docket number.

Sources:
Press Release, May 2, 2007, "House Committee Votes to Preserve Congress's Role in Upholding Safety Requirements for Mexico-Domiciled Trucks Pilot Program" http://www.citizen.org/pressroom/release.cfm?ID=2427 Accessed May 09, 2007

Press Release, April 30, 2007, U.S. Department of Transportation, "U.S., Mexican Trucks Will Begin Cross-Border Demonstration Program at Same Time" http://www.fmcsa.dot.gov/about/news/news-releases/2007/043007.htm Accessed May 10, 2007

Greg Brosnan, Reuters, May 1, 2007, "Mexico sees full U.S. access for truckers in 2008" http://www.reuters.com/article/politicsNews/idUSN0124006120070501
Accessed May 09, 2007

Jim Berard, May 2, 2007, "T&I Committee Votes to Limit Cross-Border Truck Pilot Program" http://transportation.house.gov/news/PRArticle.aspx?NewsID=184 Accessed May 10, 2007