Mexico Trucker Online

I was looking over the comments posted here today and saw one left by “Genie” that directed me to the Arbitration dispute with Mexico back in 1998, where the panel found in favor of Mexico.

In reading the finding of facts in this report , I learned some interesting things about Mexican trucks and their access to the United States I never knew.

For instance, did anyone know trucks from Mexico have always been allowed to transit the United States between Mexico and Canada without the need for operating authority or supervision of the FMCSA? Well, they have and they continue to have that access to this day!

There are quite a few other items of interest that that blow the critics arguments about the safety of Mexican trucks and the nations security out of the water and show the critics position to be nothing more than protectionist and, well hell, call it what it is, a bunch of damned lies. Because as the facts show, Mexican trucks have had access to this country for the past 25 or 30 years, largely without incident. Compare that to the American carriers.

After reading this document, it is obvious that those who whine NO DATABASES IN MEXICO and NO OVERSIGHT are referring to reports from almost 20 years ago. Things change in 20 years but the critics choose to ignore this and persist with their false claims.

Here are a few examples but I would strongly urge those reading this blog to read the entire complaint.

NORTH AMERICAN FREE TRADE AGREEMENT ARBITRAL PANEL
ESTABLISHED PURSUANT TO CHAPTER TWENTY

Continuation
III. FACTUAL BACKGROUND

44. Although the moratorium continued in place with regard to Mexico, there were some exceptions allowed in order to facilitate cross-border trade. Several categories of exceptions allowed Mexican carriers to continue entering into the United States: the commercial zone of border towns exception, the Mexico-Canada transit exception, the “grand-fathered” Mexican operators exception, and the US-owned Mexican truck exception. Another exception, that of Mexican carriers who lease both trucks and drivers to U.S. carriers for their use, was allowed until January 1, 2000. Mexican owned and domiciled motor carriers that transport passengers in international charter or tour bus operations are also subject to an exception that began in 1994.³⁶

54. Mexico and United States agreed that Mexican trucks used for drayage operations in the commercial zones tended to be older trucks. However, Mexico submitted that the comparatively poorer condition of the Mexican drayage trucks cannot be taken as an indicator for the condition of Mexican long-haul trucks.⁴⁶

55. In 1999, 8,400 Mexican firms had authority to operate in the commercial zones.⁴⁷

56. The second exception relates to Mexican operators that transit through the United States to Canada. Under the provisions of 49 U.S.C. ‘ 13501, the Department of Transportation’s jurisdiction is limited to requiring operating authorization from carriers operating between states of the United States or between a state of the United States and a foreign country. Congress has not granted the Department of Transportation the authority to require trucks transiting from Mexico to Canada to seek operating authority.

57. Mexican trucks crossing the United States in transit to Canada are unaffected by the moratorium. Therefore, the Mexican trucks are allowed to enter the United States in transit to Canada and do not require any operating authorization to do so. The only formal requirements to be complied with by Mexican trucks consist of insurance and compliance with the U.S. safety regulations.⁴⁸

58. The United States claimed that a report on Mexican domiciled motor carriers prepared by the USDOT, Office of Inspector General, in 1999, indicated that only one Mexican trucking firm was then engaged in transit operations between Mexico and Canada through the United States.⁴⁹

59. “Grandfathered” Mexican trucking companies that had acquired operating authority prior to 1982, when the moratorium came into effect, are not affected. A total of five Mexican carriers are entitled to these exemptions.⁵⁰

61. U.S.-owned, Mexican-domiciled carriers total approximately 160.⁵² Their equipment must be either U.S. made or imported, duty paid. These carriers are either commercial, for-hire carriers transporting certain commodities, generally food or raw materials, or private, not-for-hire carriers transporting their own goods.⁵³

62. Prior to the enactment of the Motor Carrier Safety Improvement Act of 1999, Mexican carriers were able to lease out their equipment and drivers to U.S. trucking companies. The provision was intended to allow U.S. carriers to augment their fleets without making capital investments in new equipment.⁵⁴ However, it was realized that “this provision could be used to, in essence, sell U.S. carrier’s operating authority to a Mexican carrier for operations beyond the commercial zone.” Section 219 of the Motor Carrier Safety Improvement Act of 1999 ended the leasing exception.⁵⁵

63. A change in the restrictions imposed on Mexican motor carriers occurred in 1994 when pursuant to an agreement between the U.S. and Mexico to provide reciprocal treatment for charter and tour bus operators, a Presidential Memorandum of January 1, 1994, was issued. This Memorandum authorized the Interstate Commerce Commission to issue operating authorities to Mexican-owned or -controlled passenger carriers for international routes between Mexico and the United States and not for travel solely between U.S. destinations. This position was preserved by Annex 1 of NAFTA, and Mexican tour operators thus continue to be allowed to provide cross-boundary services in the United States.

73. These efforts included officials of the U.S. border states and Mexican border states, the Commercial Vehicle Safety Alliance and the International Association of Police Chiefs. The efforts involved training provided by the United States to Mexican officials in roadside inspections and hazardous material inspections, an education and media campaign to increase Mexican firms’ awareness of U.S. safety regulations and increased federal funding to U.S. border states in order to enhance border inspection facilities.⁶² On August 22, 1991, Mexico became a full member of the Commercial Vehicles Safety Alliance (together with the United States and Canada).⁶³ On November, 21, 1991, Mexico and the United States adopted uniform guidelines for roadside inspections and uniform standards for commercial drivers’ licenses, and “for common standards on such criteria as knowledge and skills testing, disqualification, and physical requirements for drivers.”⁶⁴ This kind of shows the claims of the critics to be a bald faced lie!

At any rate, it is an interesting read. Take a look and form your own opinon. It’s all common sense and the rule of law!