Participants are listed as well as their status, number of crossings made and number of inspections and the results of those inspection or enforcement actions.
PMC
With 35 years in the trucking business, 15 years making my homes in Mexico and being very outspoken about issues I believe in, makes me uniquely qualified to present Mexico Trucker Online & Mexico Verdad to the blogosphere
Trucker Ronnie Earl Ricks, 61, of Pasadena, TX – 50 years for marijuana smuggling
A Texas trucker caught hauling around 2,400 pounds of pot through Montgomery County (Tx) in July probably will spend the rest of his life in prison.
Judge Fred Edwards, of the 9th state District Court, sentenced Ronnie Earl Ricks, 61, of Pasadena, to 50 years in prison during a sentencing hearing Thursday morning. A Montgomery County jury had convicted Ricks of first-degree felony possession of marijuana.
Ricks’ 18-wheeler was brokedown in the northbound main lanes of U.S. 59 July 6 when a Precinct 4 Constable’s deputy happened upon it. When the deputy questioned Ricks, his story didn’t add up, Precinct 4 Constable Kenneth “Rowdy” Hayden previously said.
Ricks’ log books did not match his story, Hayden said, so deputies searched the trailer. They found 2,400 pounds of marijuana,worth millions of dollars, hidden among produce in the trailer.
The truck was loaded down near the Texas-Mexico border and went through a Border Patrol checkpoint in Saritas Texas.
During the investigation, authorities checked records at the checkpoint, at a motel in the valley that Ricks supposedly stayed at and nothing matched what he said to investigators and prosecutors.
The entire time, Ricks and his family lied and were generally uncooperative with investigators and the Court.
Landeline Now , the in house rag of OOIDA, picked up on this story, presumably to use to to continue their opposition to Mexican trucks in the US. But to the contrary, this continues to prove our position that drugs don’t come across the border in great quantities in trucks, but instead, are crossed by other methods, stored in a stash house on this side of the border until a greedy US trucker such as Ricks, is found to haul them.
Other stories covering this event claim that Ricks was being “used as a drug mule by a Mexican cartel”. Certainly, the drugs were owned by a TCO (Trans-National Criminal Organization), not a cartel, but Ricks certainly wasn’t being “used”. He was in it for the profit, claiming he had three young children to support after the death of his wife. Still no excuse.
The sentence while stiff, is just, even though Canadian trucker Gaston Danjou received a sentence last week in Las Vegas Nevada of six years in prison for his role in an operation that smuggled more than $1.2 million dollars worth of cocaine through Nevada. Danjou, who will be allowed to serve that sentence in a Canadian prison, will be eligible for parole in 17 months, counting time already spent in custody.
In a meeting in Tijuana B.C this past Friday, Anna Amos, director of safety programs for the FMCSA, and Marcelo Perez, a transportation safety investigator for the agency, expressed concern over the low level of participation by Mexico-domiciled carriers, saying their enrollment is critical to the success of the three-year project.
During the meeting, Amos and Perez suggested that without significantly more Mexican involvement, the U.S. Department of Transportation won’t have enough data to show that Mexican trucks can operate safety outside the commercial trade zone.
Considering that Mexican carriers have been operating in the US for decades, being grandfathered in after Reagan signed the 1982 Foreign Carrier Exclusion order, FMCSA should have substantial and significant data to make this decision.
The objective of the Cross Border Pilot program with Mexico, supposedly is to collect and evaluate data on the safety performance of Mexico-domiciled carriers.
That data would then be evaluated to determine whether the program should be made permanent.
FMCSA has a three-year target of 4,100 inspections. The agency said it would take about 46 Mexico-domiciled participating carriers to reach that target.
Data obtained during the 2007 Cross Border Demonstration program showed Mexican carriers to be as safe, and in most cases, safer, than their US and Canadian counterparts.
[pullquote]“The new program has way too many limitations, and that’s possibly why there aren’t enough carriers” that have registered - Alfonso Esquér CANCAR Tijuana[/pullquote]
Twenty-two Mexico-domiciled carriers have now applied to participate in the cross-border demonstration project.
State of the state of the Cross Border Pilot Program
As of Monday, only two carriers have operating authority to participate in the pilot program.
Five other carriers are awaiting the result of their Pre-Authorization Safety Audit (PASA).
Another, Grupo Behr, passed the PASA, but concerns about the carrier’s safety record during the public comment period resulted in FMCSA not granting operating authority pending further investigation.
Nine more Mexico-domiciled carriers whose names do not appear on the last operational report have completed applications and are being moved the PASA phase, an FMCSA spokesperson said Monday. Five other carriers have submitted applications, but those five applications were considered incomplete. The FMCSA is waiting for those carriers to return complete applications before moving them on to the PASA process.
During its Grupo Behr investigation, FMCSA discovered violations involving the carrier leasing its vehicles to a company with authority to operate beyond the commercial zones, something not allowed under U.S. law, an FMCSA spokesperson said. FMCSA issued a Notice of Violation to the company. Grupo Behr has submitted a corrective action plan, and FMCSA intends to monitor the company’s operations for six months and reconsider its application for the program at that point.
FMCSA operational reports on the program are complete through Feb. 5, 2010.
The data shows that there have been nine northbound border crossings.
There have been seven inspections, one of which resulted in a Transportes Olympic vehicle being placed out-of-service Jan. 2 for an inoperable required lamp.
The carrier corrected the problem on site and the vehicle was cleared to resume its trip.
[pullquote]“It is very complicated, it’s very expensive, and to tell you the truth, it hasn’t brought us any benefit.” – Juan Carlos Muñoz Márquez, CANACAR National President[/pullquote]
Members of the Mexican carrier community and CANACAR, Mexico’s trucking association have long complained that Mexican carriers are being forced to adhere to much stricter standards than their US and Canadian counterparts, a claim readily evidenced by the PASA, which Canadians do not have to undergo and which is not a part of the NAFTA truck agreement. This is evident when by the a truck being put “out of service” for a light being out. At best, a US or Canadian trucker would receive a warning or a “fix-it” ticket and that would be that.
Perhaps once the D.C. Court of Appeals throws out the frivolous lawsuits filed by OOIDA and the Teamsters, maybe the confidence level in the Mexican carrier community will be high enough to overcome this issue.
More than a dozen San Antonio-area residents have been arrested on charges that they bought high-powered tactical rifles for the Zetas in Mexico.
Federal agents were still hauling some of the defendants into federal court in San Antonio this week after obtaining federal indictments in Del Rio.
Thirteen were in custody Monday, charged with making false statements during the purchase of a firearm and/or aiding and abetting the smuggling of goods from the United States, records show.
The indictments said the defendants bought M4s and DTI-15s, both rifles of 5.56-caliber whose primary target audience is current and former military members, according to several ads on the Internet. It was not immediately clear if any of the defendants had military backgrounds, but records say they are accused of buying a total of 18 of the rifles at gun stores in San Antonio beginning Oct. 11.
Most are alleged “straw buyers” – U.S. residents with clean backgrounds accused of buying the guns for someone else. One of them, Salvador Martinez, age unavailable, is accused of being a facilitator because he obtained four DTI-15 rifles despite having no legal immigration status in the U.S. and having a domestic violence conviction.
Also charged are Abigail Sabrina Treviño, 22; Wayne R. Dixon, 53; Rey David De La O-Rodriguez, age unavailable; Jasmine Leeann Gordo, 22; Frank Hernandez, age unavailable; Louis Christopher Martinez, 24; Jessica Marie Cortes, 22; Patricio Nova, 32; Amanda Lopez, age unavailable; Denise Ordaz, 19; Elisa Hernandez Ramirez, 24, of Devine; and Jonathan Paul Barrera, 28 of Del Rio.
From THE TRUCKER- Essentially saying they have “no dog in the hunt,” the Department of Transportation and Federal Motor Carrier Safety Administration Wednesday responded to lawsuits by the Owner-Operator Independent Drivers Association and the International Brotherhood of Teamster challenging the legality of the cross-border trucking pilot program.
“OOIDA’s members are not regulated by the program, or eligible to participate in it, and therefore its standing cannot be presumed,” the DOT and FMCSA said in their response. “OOIDA’s allegation of an increased risk of injury to its member is not sufficient … absent a showing that some identifiable member of the group faces a ‘substantially’ increased risk of harm and that the overall risk of such harm is ‘substantial.’”
The response said that OOIDA’s competitive standing arguments are also flawed.
“OOIDA cannot show that the program will almost surely cause its members to lose business, because the vast majority of the cross-border deliveries are likely to be made in the commercial zones by carriers already authorized to operate there and because Mexico-domiciled carriers are prohibited from making point-to-point deliveries of domestic freight.”
The pilot program creates a double standard, OOIDA said.
“The obligation of the U.S. under NAFTA to provide national treatment to Mexico-domiciled motor carriers is in complete harmony with U.S. statutes and regulations governing motor carrier safety,” OOIDA said in its suit.
“The respondent’s (DOT and FMCSA) pilot program goes well beyond what is required to provide national treatment to Mexico-domiciled motor carriers and drivers. The pilot program violates a number of federal statutes and regulations, causing prejudice to U.S. motor carriers and drivers who must follow all U.S. safety regulations while their Mexican counterparts are instead allowed to comply with selected Mexican regulations.
There is not a single word in FMCSA’s proposal or final order explaining why this double standard has been created.”
In filing its suit against the program, the Teamsters said the FMCSA had failed to comply with safety statutes and regulations that expressly govern the granting of any long-haul operating authority to Mexico-domiciled trucking companies and ensure the safe operation of trucks on the nation’s highways.
The Teamsters said that FMCSA had created a program that was not assured of having a sufficient or representative sample of Mexico-domiciled motor carriers to yield valid findings and merely presumes — but cannot demonstrate — that Mexico-domiciled trucks are as safe as their U.S. counterparts.
The DOT and FMCSA response noted that Teamster members were not regulated by the program or eligible to participate in it.
Their response also said that “Congress has enacted multiple statutes containing preconditions for any test of opening the border to long-haul operations by Mexico-domiciled carriers.
“FMCSA has explained how the pilot program challenges here meet each of those preconditions as well as the existing motor carrier safety laws and regulations,” the agency said.
Mexican singer Vicente Fernandez in announcing his retirement from the world stage said "You have to retire when you're on top"
Vicente Fernández Gómez, 71, beloved singer known throughout the world as “El rey de la canción ranchera” or “The King of Ranchera Music” announced in Mexico City his upcoming world tour will be his last.
Speaking from Mexico City, the cultural icon with more than 50 albums to his credit announced that “con o sin dinero” the tour would mark his farewell to the world music as a thanks to his legion of fans.
In his announcement, Fernandez said, “An artist needs to retire with dignity. I think this year I will say goodbye to all of you, to all of my fans in Spain, Central and South America for all the love you have given me for so many years.”
He went on to say; “I want you to know, with or without money, I always do what I want and my word is law. I have no throne nor queen, nor anyone who understands me, but I am still the King”.
Although less well known to English-speaking audiences, he has consistently filled stadiums and venues throughout his 35-plus years of performing. His repertoire is pure ranchera, a style best described as representing “the Mexico of old – a way of life romanticized by rural ranches, revolution, and philandering caballeros”. He has sold over 65 million copies worldwide.
Indeed he is and his presence on the stage will be missed around the world. Fernandez plans to devote his time to his family and be available for work in television if asked.
Vicente Fernandez is the father of the popular singer Alejandro Fernández and Vicente Fernandez Jr, both stars in their own rights.
Outside his company’s warehouse in Otay Mesa, truck driver Jorge Villanueva inspected his 24-foot GMC on Wednesday. The bobtail box-truck is operated by Tijuana-based Grupo Behr, which has applied to participate in a pilot program that allows Mexican truckers to make deliveries across the United States. / Photo by Nelvin C. Cepeda * U-T
Grupo Behr, the Mexican carrier who was the first victim of OOIDA’s campaign of propaganda and misinformation, has allegedly been found to be in violation of leasing statutes in Section 219 of the 1999 Motor Carrier Safety Improvement Act, according to William Quade assistant administrator for FMCSA’s Enforcement and Compliance division.
Section 219 of the 1999 Motor Carrier Safety Improvement Act was intended to end the ability for a Mexican carrier to lease trucks and drivers to a U.S.carrier for operations beyond the authority the Mexican carrier could get clearance for on its own. That ability was for commercial zone authority commonly referred to as OP-2 authority.
FMCSA issued a notice to Grupo Behr, whose headquarters are in Tijuana Baja California for violating Section 219, but FMCSA chose not to pursue civil penalties. “Our preliminary decision is to monitor the situation for six months to consider whether we should allow them into the program,” Quade added.
Grupo Behr successfully completed their PASA last year but approval to participate in the program was put on hold after OOIDA erroneously claimed that Grupo Behr would be operating pre- 1995 semi’s and straight truck in the project.
MTO spoke to a representative of Grupo Behr who said that critics’ accusations about lax safety standards are unfounded and erroneous.
Roberto García de León, managing partner of Grupo Behr said, “They’re accusing us about vehicles that we haven’t even enrolled in the program,” a fact MTO uncovered shortly after OOIDA made their outrageous and totally false claims again GB.
Grupo Behr also participated in the 2007 pilot program successfully. Currently, under CSA, their SMS scores are consistent or slightly below the US national average. 21% out of service for equipment and 3% OOS for drivers.
Public Transit Authority has finished the first phase of drug testing of public transit employees in Nuevo Laredo. Of 1600 tested, only 4 failed.
We wrote last week about the Public Transit delegation in the border city of Nuevo Laredo had began testing all city transit and taxi drivers for drug and alcohol use and re-certifying those who passed. The first phase of the testing is complete, and while not surprising to us, debunks more of the propaganda being passed around by groups such as OOIDA and the Teamsters concerning lack of drug testing in Mexico.
Eduardo Cuellar Bridges, deputy of the Public Transit delegation in Nuevo Laredo, reports at the end of the first phase of testing, 1600 bus and taxi drivers were tested and only 4 returned positive. Those 4 were terminated after a second sample was tested and confirmed the results of the first test.
The operators dismissed for positive returns for drug use, are given the opportunity to reapply at a later date, after successfully completing an approved drug rehab program, and submitting to regular and random drug tests for an indeterminate period.
The delegation is now waiting for an additional 600 tests to be received in order to test the remaining 569 operators who did not test in the first round.
The drug tests, identical to those performed in the US on employees in safety sensitive functions. Five substances are detected in this analysis, marijuana, cocaine, methamphetamine, heroin, and epecios.. Those who pass the drug tests and subsequent skills test will be issued a certification card.
The federal government established the One Stop Shop as a tool to send electronic information only once to a single entity, to comply with all requirements of foreign trade.
About a year ago, Mexican President Felipe Calderón Hinojosa signed a decree for the implementation of the Single Window of Foreign Trade, or “Ventanilla Unico” to streamline and consolidate Mexican Customs clearances. The new system is currently undergoing extensive testing which began last November. According to Alfonso Rojas Gonzalez de Castilla, president of the Confederation of Customs Brokers Associations of Mexico (CAAAREM), plans are for the system to be fully implemented by March.
“It is an excellent tool to simplify procedures, reduce waiting times and this will mean that the clearance of goods will be more agile and efficient,” said Alfonso Rojas Gonzalez.
This is nothing new. The United States has a similar system called ACE on the northern border with Canada. Other countries such as Germany, Singapore, South Korea, Thailand, Finland, Mauritius, Japan, Hong Kong, Guatemala, Ghana, Paraguay, Malaysia, Colombia and others, already have this procedure in place and are profiting from the benefits and reduced redundancy.
But what is the Single Window or Ventanila Unico?
Single Window should drastically reduce waiting times and traffic jams such as this one at Laredo Texas
It is a tool that allows brokers, carriers and other import export professionals to send electronic information only once to a single entity, to be able comply with all requirements of foreign trade, through simplification, standardization and automation of management processes.
Currently Mexico processes a total of over 37,000 export permits, more than 1,000,000 import permits and more than 10 million inquiries, from more than 55 000 active participants in foreign trade, according to figures released recently by the Ministry of Economy.
Under the present system, more than 40 documents and 165 tramites need to be completed to cross one load of freight. The new system will result in a reduction in paper, provide flexibility in the often anal procedures of the Mexican customs system and provide more transparency of the process and provide more legal certainty among other issues.
The new system should also result in a time savings of more 90% in dealing with Mexican Customs, 11% reduction in the need for inspections by the Mexican taxing authorities and a gain of more than 50% productivity for the cross border drayage carriers who often have to wait for hours in line to cross into the US.
Not everyone supports Single Window though.
New Mexican immigration and Customs booths south of Nuevo Laredo on Mx 85
Proving that the Mexican transportation industry isn’t much different from ours, Customs agents and employees of import/export agencies don’t have much confidence in the new system. Others are looking at nothing but negatives. Think actions like Teamsters and OOIDA.
Comments taken from the pages of El Manana eerily echo comments made about Mexican trucking in this country and other issues targeted by those in the US resistant to change.
One reader wrote;
“Pure lies, from the name of Single Window are only adding another link in the chain of ‘requirements’ for import and export procedures, those who work in agencies know what I mean.
And another commenter calling himself “Pepe” had this to add;
“Now they will have to capture and validate all the bills and then recaptured in the motion, benefiting those who sold electronic equipment, big business at the expense of the people,”
Where have we heard those words “big Business” bantered around?
Others are doing the right thing and taking a “wait and see” attitude. These include workers at the agencies that will be effected who talked on condition of anonymity.
“They talk about benefits and streamlining of procedures, we hope so and there are no problems while we get used to this new system, which should improve the system greatly.”
Time will tell as to how successful the new system is. But nobody can argue that Mexico needs an overhaul of its antiquated customs system.
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More than a dozen San Antonio-area residents have been arrested on charges that they bought high-powered tactical rifles for the Zetas in Mexico.
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