US plans to resuscitate infamous US-Mexico cross-border truck program

After the demonstration program was terminated in March 2009, Secretary LaHood and other Administration officials met with lawmakers, safety advocates, industry representatives and other stakeholders to address a wide range of concerns.

The initial concept document, which is a starting point in the renewed negotiations with Mexico, addresses concerns raised during that process:

Application

• Interested Mexican carriers to apply for long-haul operating.
• Passenger and hazmat carriers are excluded from this program
• Subject to negotiation with Mexico, the number of carrier and truck participants in the first phase of the program will be managed to ensure adequate oversight.

Vetting

• Applicant carriers‘ information and driver-specific information from applicant carriers will be vetted by the DHS and DOJ.

Pre-Authority Safety Audit (PASA)

• Review of carrier’s safety management programs (vehicle maintenance, drug and alcohol testing programs, driver qualification files, etc.)
• Review of driving records for only those drivers who would participate in cross-border long haul operations.
• Review of the combined driving record of drivers who would participate in the program (US driving history, Mexican Federal licence history, and Mexican State licence history).
• Inspection of each vehicle to be used in the phased-in program.
• Check of all participating vehicles for Federal Motor Vehicle Safety Standards (FMVSS) certification.
• Check of all participating vehicles for EPA emissions standards.
• Conduct an English Language Proficiency and US Traffic Laws knowledge test of each driver participating in the program, conducted in English.
• Review of all convictions, crashes and inspections in Mexico in determining carrier’s safety record.

Driver’s Licence comparability

• Document Mexican Commercial Driver’s Licence process to demonstrate comparability.

Insurance

• On successful completion of the PASA, applicants must submit evidence of financial responsibility (insurance) to FMCSA.

Monitoring and inspections

• Monitoring of operations
• Inspections
• For an agreed period of time, a carrier’s long-haul operations, vehicles and drivers would be inspected by FMCSA each time one of its vehicles crosses the northbound border.
• Electronic monitoring: The program will use available technology to provide redundant monitoring of program’s trucks, drivers and carriers.
• Initial, phased in access.

Follow-ups

• Follow-up review (1st Review): Each Mexican trucking company would undergo a follow-up review to ensure continued safe operation. After the follow-up review, the company’s trucks would be subject to border inspections at FMCSA’s normal border inspection ratei and subject to inspections in the interior of the US at the same rate as US companies. Additionally, the company must maintain a valid safety inspection sticker.

• Compliance Review (2nd Review) – After successful completion of a compliance review and earning a Satisfactory Safety Rating, the participating carrier will be eligible for full operating authority.

• FMCSA Reviews – Insurance Monitoring: FMCSA monitors the participating carriers‘ insurance filings to ensure there are no lapses in coverage, and conducts compliance reviews of drug and alcohol collection and testing facilities used by participating carriers.