PolitiTruck

Future of the Program Is Unclear
By PolitiTruck

The Senate Commerce, Science, and Transportation Committee held an oversight hearing October 18, 2007, on the US Department of Transportation.

The intent of the hearing was to provide general oversight on current regulatory and programmatic activities at the U.S. Department of Transportation.  One issue discussed was the Mexican Truck Demonstration Program.

Opponents of the Mexican Truck program often cite safety concerns as a reason to delay the program.  In his opening statement, Chairman Daniel Inouye (D-HI) expressed concern about the safety of highways, even without the Mexican truck program.  “Highway and truck fatalities have either risen or remained stubbornly high in recent years, and efforts by the Federal Motor Carrier Safety Administration (FMCSA), in particular, appear to not be achieving the safety improvements that we expect and that the driving public deserves.”

The FMCSA oversees the implementation of the Mexican Truck Demonstration Program.

Senator Trent Lott (R-MS), in his introductory comments, encouraged Secretary Peters to take a stronger lead in transportation issues.  Lott said, “You as Secretary, and our transportation department, need to be more proactive.  Get out ahead of us and challenge us more.”

Referring to the Mexican Trucking Program, Lott said, “With cross border trucking, I supported you on that and we haven’t pulled that off yet.”

The question and answer period of the hearing also saw the Mexican Truck Demonstration Program discussed, with most of the questions coming from Senator Mark Pryor (D-AR).

Pryor asked Secretary Peters about the status of the proposal to track Mexican trucks with satellite.  Peters said, “We are moving forward with the GPS devices.  At one time we thought there was only one provider that could provide those devices and thought we might be able to move to a more immediate contract to do that.”

The initial DOT plan did not go ahead as planned however.  “What we have found is that there are several vendors that are interested in providing those devices, so appropriately we are holding an open competition and by the end of this calendar year we should be able to have a program in place to put a GPS device on every Mexican truck that is participating in the demonstration program,” explained Peters.

Those concerned about the program see the satellite tracking as of little benefit.  Todd Spencer, Executive Vice President of OOIDA, said,  “I don’t see how this ensures anything from a safety or security standpoint. We’d like FMCSA to explain in more detail exactly how this system will actually keep track of the hours of service of a trucker.”  OOIDA also points out that the FMCSA’s own press release states, “no driver information will be collected or tracked.”

Pryor also inquired about drug testing and physical examinations for Mexican truck drivers.  Peters indicated she is satisfied with how that process is working.  “American labs are conducting those tests.  I also asked the office of drug control policy to validate that we have the proper procedures in place as well as the independent panels to validate those procedures,” said Peters.

Calvin Scovell, III, Inspector General of the US Department of Transportation, was less confident about the safety of the Mexican Truck Demonstration Program and shared his concerns with the Committee in his opening statements.

“Recent fatal highway incidents highlight the need for the Department to focus on ensuring the safety of the Nation’s surface transportation infrastructure,” said Scovell.

He continued, “Additionally, the recent decision to permit some Mexican carriers to operate beyond the commercial zones along the border underscores the need for the Department to provide vigilant oversight to ensure the safety of the Nation’s highways.” 

On September 6, 2007, Scovell’s office issued an audit report, and it was that same day the FMCSA responded to Congress regarding the report and also initiated a 1-year demonstration project to permit up to 100 Mexican carriers to operate beyond the commercial zones.

It was that same day that Rep. DeFazio, (D-OR), said, “This is a sad day for America. Mexican trucks pose a serious threat to the safety of our highways and the security of our country. This Administration is hell-bent on opening up our borders but has failed to require that Mexican drivers and trucks meet the same safety and security standards as US drivers and trucks. That’s simply unacceptable. The Administration is essentially adopting a faith-based paper system without adequate protections for public safety.”

Explaining the audit report to the Committee, Scovell said, “Our report called on the Federal Motor Carrier Safety Administration (FMCSA) to address the need for coordinated, site-specific plans for checking trucks and drivers participating in the demonstration project each time they cross the border into the United States.”
 
“Assuming that future funding for the demonstration project is approved and the project continues, FMCSA will need to coordinate with the states and the U.S. Customs and Border Protection to carry out the plans for these checks. These checks must ensure that all Mexican drivers participating in the demonstration project are properly licensed and all trucks display a decal denoting a recent safety inspection.”

The future of the program is in doubt however.  Congress must meet in Conference Committee to discuss the Transportation Funding bill (S 1789 / HR 3074).  Both versions of the bill contain identical amendments to prohibit the use of funds for the demonstration program.  As of this writing the House has yet to name its conferees.

Senator Dorgan (D-ND), sponsor of the Senate Amendment, said, “”Because my amendment is identical to language already included in the House-passed version of this bill, I expect this provision will not be altered in the House-Senate conference committee and that we have, effectively, stopped this pilot program.”