The Department of Transportation has decided to continue the Mexican Truck Pilot Program despite the passage of the Omnibus Appropriations Bill that included language to end the program.

In a letter dated January 3, 2007, written to DOT Secretary Mary Peters, Senator Byron Dorgan (D-ND) expressed concern that DOT planned to continue the program.

“The DOT response is both arrogant and wrong!  The provisions included in the omnibus spending bill was clearly written and designed to put the brakes on the current pilot program,” reads the letter.

“Failure to end the pilot program, I believe, will put the Department of Transportation in direct violation of federal law,” said Dorgan in the letter.

This comes after the FMCSA released a statement after Christmas explaining that the program would continue despite the language in the omnibus bill.

“In accordance with the 2008 omnibus appropriations act, the U.S. Department of Transportation will not establish any new demonstration programs with Mexico. The current cross-border trucking demonstration project – established in September – will continue to operate in a manner that puts safety first, with participating Mexican carriers subject to all safety standards required by the 2008 omnibus bill, while giving U.S. trucking companies new opportunities and U.S. consumers significant savings,” the FMCSA statement said.

Multiple attempts for clarification to this statement were made, but FMCSA spokesperson Melissa Delaney did not respond.

Reaction by a leading Republican, and Presidential candidate, in the House was equally strong.

“The omnibus clearly prohibits federal funds from being applied to the program.  The Administration is subjectively interpreting the language in a manner that allows the program to continue,” Joe Kasper, Communications Director for Congressman Duncan Hunter told Howe.

The language in the bill, which has been signed into law by the President, reads, “None of the funds made available under this Act may be used to establish a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico.”

According to Senator Dorgan’s letter, the Senate Legislative Counsel noted that, “the legislative history in the Senate indicates that it was intended to preclude the carrying out of any demonstration program, including the pilot program put into effect in September 2007.”

The US DOT has interpreted the language to mean that it cannot begin a new program however, and the current program is allowed to continue.

“Regardless of this interpretation, the intent of Congress is abundantly clear and without funds, it will be difficult to successfully continue the program over the next fiscal year,” Kasper told Howe.

Dorgan’s letter urges the immediate end to the pilot program.  “The Department of Transportation is required to abide by the laws enacted by Congress.  The Department will be making a serious mistake if it believes it is not required to abide by this new legislation.”

Congressman Hunter’s Office believes this program, and the Administration’s insistence on continuing it, is a indicative of a much bigger challenge.

“The program is indicative of the prevailing open borders mentality that the American people so passionately oppose.  Americans want our borders secured.  Instead, we are seeing our borders become increasingly more dangerous and threatening to American sovereignty and security,” Kasper told Howe.

“It is naive to think that opening our Southern border to unrestricted vehicle traffic won’t make enforcement more difficult than it already is.,” said Kasper.

For Senator Dorgan, the issue is safety.  “I offered my amendment to stop the pilot program because I think there are real safety concerns that need to be addressed before Mexico-domiciled motor carriers are allowed to roam freely in the United States,” wrote Dorgan.

Regardless of safety and security concerns, the program continues.  At the time of this writing, the FMCSA website (www.fmcsa.dot.gov) lists 11 Mexican carriers (56 total trucks) and 4 US carriers (41 total trucks) involved in the program.

The web site also indicates that the “FMCSA has notified an additional 37 Mexico-domiciled motor carriers that they have successfully passed a Pre-Authorization Safety Audit.”

Senator Dorgan concluded the letter by asking for a response from Secretary Peters.

Secretary Peters’ office was contacted for comment but calls were not returned at the time of this writing.

The FMCSA was asked to comment but did not reply to phone calls or e-mails.

About 40 more Mexican carriers will soon join the 10 already approved. The agency, according to its website, said it “has notified an additional 37 Mexico-domiciled motor carriers that they have successfully passed a Pre-Authorization Safety Audit.”

The FMCSA says there are four U.S. carriers participating in the cross-border program.

Rep. Duncan Hunter, R-Calif., continues to show frustration with the Bush administration.

His spokesman, Joe Kasper, told WND, “Rather than working with Congress to ensure the program is implemented in a manner that is safe and efficient, the department has instead decided to continue its plan of opening our roadways to an increasing number of Mexican trucking companies.”

Kasper called it “a dangerous program that threatens our security and the safety of vehicle motorists.”

“It now appears the only way Congress can make the department listen is by ensuring it does not have the funds to move the program forward as currently planned,” he said.

Read the Entire Story at WND!

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.”

Posted: October 18, 2007, 1:00 a.m. Eastern
By Michael Howe
© 2007 WorldNetDaily.com

Bush administration officials held a news conference with Mexico’s transportation secretary yesterday to respond to criticism of a program allowing Mexican trucks on U.S. roads, but critics in Congress who helped pass counter-legislation are unmoved.
 
“It is difficult to understand how a program that opens our roadways to virtually unregulated cross-border vehicle traffic can be safely regulated,” said Republican Rep. Duncan Hunter’s spokesman, Joe Kasper, in a WND interview.
 
Mexican Transportation Secretary Luis Tellez teamed with his counterpart U.S. Department of Transportation Secretary Mary Peters and Commerce Secretary Carlos Gutierrez to call on Congress to reconsider its pending prohibition of the program and let the trucking demonstration program proceed.
 
Barry Piatt, spokesman for Sen. Byron Dorgan, D-N.D., in a conversation with WND prior to the press conference, characterized the media event as obscene and irrelevant.
 
By overwhelming margins, the Senate and the House adopted identical amendments into the Transportation/HUD Appropriations bill that would cut off federal funds for the truck project. The House passed the measure 411-3 while the Senate voted 75-23. The bill awaits consideration by a Joint Conference Committee.
  
Peters urged, “With the change of just a few words, Congress can show that we can trade with the world, keep our highways safe, and our companies competitive at the same time.”
 
The secretary illustrated the point by inviting a Maryland state trooper to conduct a comprehensive safety inspection of two trucks participating in the cross-border demonstration, one a U.S. truck and the other the first Mexican truck to make a U.S. delivery. The trucks are virtually identical, Peters said, because both must meet the same strict U.S. safety standards.
 
“We want to demonstrate to Congress that tough safety standards and rigorous inspections work and that trucks participating in this program will have the same features, the same upkeep and the same commitment to safety that any U.S. truck has,” Peters said.
 
But Dorgan insisted the inspection “means nothing.”
 
“The information we need to ensure the safety of American drivers on American highways is not available,” he said. “That includes vehicle inspection and drivers’ records and accidents reports. None of that information is available. An ‘inspection’ of a hand-picked Mexican truck at a press conference doesn’t change that.”
 
Dorgan said Congress “has spoken loud and clear in its opposition to allowing long-haul Mexican trucks to enter the United States, based on concerns that included a lack of access to Mexican driver and vehicle safety records.”
 
“Instead of responding to those concerns, the administration rushed its pilot program into implementation and is now presenting a fancy press conference in Washington, D.C., that features the ‘inspection’ of one, hand picked Mexican truck,” he said.
 
Hunter spokesman Kasper told WND the truck project presents long-term safety and security challenges that cannot be casually addressed.
 
“Congress put in place very specific guidelines that guaranteed Mexican truckers would be regulated by the same rules as their American counterparts,” Kasper said. “Rather than working with Congress to address the concerns that have been raised about the program, DOT announced that Mexican truckers were in compliance for some time and quickly moved to implement the program.”
 
As of this writing, the website of the Federal Motor Carrier Administration, or FMCSA, indicates that there are five Mexican carriers authorized to participate in the program, and three U.S. carriers. The website has not been updated since September, however.
 
Since announcement of program’s commencement, the FMCSA has said trucks will be tracked via satellite in a joint effort between Mexico and the U.S.
 
Questions remain about what happens to the program if the appropriations amendment passes in tact. A Sept. 14 WND article offered information from the FMCSA that a demonstration program is not required at all, and perhaps they can just continue without the funding.

View The Story as Published in World Net Daily

Have you wondered what’s happened with the NAFTA initiated Mexican Trucking Demonstration Program lately?  Me Too!

Unfortunately, there isn’t much new to report on this subject because the Federal Motor Carrier Safety Administration (FMCSA) has not been updating its web site and is apparently reluctant to respond to inquiries on the subject.  However, they do appear committed to implementing the program as a part of NAFTA.

Here’s a basic overview of where things are and have been:

• At the time of this writing, the FMCSA Web Site, indicates that there are 5 Mexican Carriers authorized to roll into the heart of the US, and 3 US carriers to roll into Mexico.

• Interestingly, on August 6^th, I received an update from the FMCSA indicating that 36 Mexican carriers had passed the PASA (this is the equivalent of a DOT Audit), 13 failed and 82 withdrew.  Those 36 carriers have approximately 170 vehicles total.

• One question I have asked of the FMCSA, without response, is how the carriers go from passing PASA to being authorized to actually start rolling.  I, and others, are left to wonder.

• In September the US Senate followed the lead of the US House and overwhelmingly passed an amendment to the Transportation Appropriations Bill that would de-fund the program.

• The FMCSA Administrator John H. Hill offered the following comment in reaction to this, “Tonight’s decision by the Senate is a sad victory for the politics of fear and protectionism and a disappointing defeat for U.S. consumers and U.S. truck drivers.  This decision robs consumers of significant new savings, deprives drivers of new opportunities to compete in Mexico and squanders millions in taxpayer dollars Congress has spent to put in place a sophisticated safety network for border crossings.”

• In reaction to safety concerns, the FMCSA and Mexican government announced they would work jointly to track the trucks in this program via satellite.

• The House and Senate now have until mid November to get together in a Joint Conference Committee to pass the Transportation and HUD Appropriations Bill (S. 1789 / H.R. 3074).  As of this writing the committee is not yet scheduled to meet because the House has not named its conferees.

So, what does this mean?

It means that the NAFTA initiated Mexican Truck Demonstration (or Pilot) Program continues to move forward.  Where we stand right now is very unclear though because the FMCSA declines to comment on the simplest of inquiries.

Why do you think this is?

For additional information on the Mexican Trucking Program, visit our sister site.

In keeping with its primary role of promoting safety, the Federal Motor Carrier Safety Administration unveiled a public service announcement featuring former NASCAR driver Rusty Wallace, currently an analyst for ESPN and ABC Sports, who reminds truckers that they have a responsibility to drive safely and buckle up. The PSA, Be Buckled. Be Ready., is aimed at increasing the number of truckers who regularly use a safety belt.

“This ad reminds truckers that, as professional drivers, they are responsible for handling their vehicles and themselves in the safest manner possible,” FMCSA Administrator John H. Hill said. “With just a little bit of his time, Mr. Wallace’s personal commitment to promoting public safety is helping save lives on America’s highways.”

While 81 percent of the general driving population wears a safety belt, only 59 percent of commercial vehicle drivers buckle up when they climb behind the wheel. In 2006, 45 percent of truckers killed in a crash were not wearing safety belts. FMCSA regulations require all commercial vehicle drivers to use proper restraints.

In the PSA, Wallace tells truck drivers that “[they’re] the ones who drive… for a living,” and encourages them to wear a safety belt to keep them “in position, behind the wheel, in control, looking out for [themselves] and everybody else.”

There was no mention of how the FMCSA might track the effectiveness of the PSA.