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U.S. Representative introduces ‘Trucking Safety Act’

The Trucker News Services

3/29/2007

U.S. Representative introduces ‘Trucking Safety Act’

WASHINGTON (March 29, 2007) Today, U.S. Congressman Duncan Hunter, R-Calif., introduced legislation “clarifying and strengthening current limitations imposed on Mexican motor carriers entering the United States,” a statement from the Congressman’s office stated.

 Called the “North American Free Trade Agreement (NAFTA) Trucking Safety Act,” it “specifically prohibits Mexican trucks from entering the United States beyond commercial zones along the U.S.-Mexico border without meeting specific safety and security conditions.”

The legislation has 10 sponsors not including Hunter and is believed to have “strong initial support,” said Hunter spokesman Joe Kasper. The bill was co-sponsored by Rep. Marcy Kaptur, D-Ohio.

"There are considerable safety and security risks involved with providing Mexican truckers complete and unrestricted access to American roadways," said Hunter.  "It is important that these issues are thoroughly addressed before Mexican motor carriers are permitted to freely operate beyond established commercial zones along the Southern land border.

"Our nation's roadways and motorists must be protected from potentially dangerous and unsafe vehicle traffic.  The NAFTA Trucking Safety Act rightfully applies to Mexican truckers the same rules and regulations applied to American truckers, preventing unqualified and inexperienced motor carriers from traveling the highways and roads within our communities.  If Mexican truckers cannot meet these requirements, then they should not be granted access into the United States.”

The Owner-Operator Independent Drivers Association (OOIDA) applauded the legislation. “This legislation will go a long way to assure foreign trucks operating on U.S. soil do not represent a threat to highway safety or to our homeland security,” said Todd Spencer, OOIDA executive vice president in a news release. 

A statement from Hunter’s office said that "By submitting Mexican truckers to the same background checks and inspection requirements as their American counterparts, this legislation also includes a very important security element.  Unrestricted cross-border trucking presents potential terrorists, drug smugglers and other criminals the opportunity to quietly enter the United States with unidentified cargo and contraband.  This is unacceptable in today's security environment and further underscores the safety and security risks involved with providing cross-border truckers direct access to our roadways."

 Specifically, the NAFTA Trucking Safety Act requires that no Mexican motor carrier be granted authority to operate in the United States beyond commercial zones until:

• The Secretary of Transportation: publishes in the Federal Register a list of all Federal Motor Carrier Safety Regulations and how Mexican carriers, trucks and drivers will be required to comply; a list of the enforcement tools and conditions required by law that will be made available to federal and state motor carrier safety enforcement personnel; and implements a plan in partnership with the Secretary of Homeland Security to monitor and enforce immigration and customs regulations;

• Law enforcement personnel have the ability to access driver, criminal and security databases to verify a cross-border drivers' identification, driving record, criminal history and risk to homeland security;

• The Department of Transportation's Office of the Inspector General has independently verified compliance with each condition in Section 350 of P.L. 107-87 and submitted a report to Congress detailing compliance, and

• The Secretary of Transportation has submitted to Congress a plan to enforce English language proficiency as already required.

The NAFTA Trucking Safety Act has been referred to the House Transportation and Infrastructure Committee and the House Committee on Homeland Security, according to a statement from Hunter’s office.

In other related news, Mexico’s motor carrier association, CANACAR (the Camara Nacional Del Autotransporte de Carga), objected to the pilot program to let Mexican trucks past the narrow commercial boundaries now in place, saying the U.S. already has a “commercial presence” in Mexico, creating an unfair commercial advantage, WorldNetDaily reported.

CANACAR in 2001 had asked the Mexican Senate to cancel the trucking provisions of the North American Free Trade Agreement (NAFTA).

Ian Grossman, spokesman for the Federal Motor Carrier Safety Administration, said FMCSA had “no statement on what is going on in Mexico.”

— The Trucker Staff

CRST Van Expedited