FMCSA Approach for Fulfilling the Requirements of Section 6901(b)(2)(B) of the Act

Comprehensive Data and Information on Pre-Authorization Safety Audits

As noted above, section 6901(b)(2)(B)(i) of the Act requires FMCSA to publish comprehensive data

and information on the PASAs conducted before and after the date of enactment of this Act of motor carriers domiciled in Mexico that are granted authority to operate beyond the United States municipalities and commercial zones on the United States-Mexico border. No carriers have yet been

granted authority to operate beyond the municipalities and commercial zones as part of this demonstration project. Consequently, at this time there is no requirement to publish data or information from any of the PASAs conducted. Nonetheless, FMCSA has chosen to go ahead and publish data and information relating to all PASAs conducted to date.

Measures To Protect the Health and Safety of the Public

The FMCSA has developed an extensive oversight system to protect the health and safety of the public and FMCSA will apply it to Mexico domiciled motor carriers. These measures are outlined in 49 CFR parts 350–396 and include providing grants to States for commercial vehicle enforcement activities, regulations outlining the application procedures, regulations explaining how FMCSA will assess safety ratings and civil penalties as well as amounts of possible civil penalties, insurance requirements, drug

and alcohol testing requirements, commercial driver’s license (CDL) requirements, general operating

requirements, driver qualification requirements, vehicle parts and

maintenance requirements, and hoursof- service requirements. These requirements apply to Mexico domiciled carriers operating in this demonstration project, just as they do to any commercial motor vehicle, driver, or carrier operating in the United States.

The description below is limited to the main features of FMCSA’s system to protect the health and safety of the public during this demonstration project, but is not intended to imply that all regulations outlined above do not apply at all times.

Related posts:

1. USDOT/OIG – FMCSA Generally Complies With Statutory Requirements, but Actions Are Needed Prior To Initiating Its NAFTA Cross-Border Trucking Pilot Program
2. Comment Spammers hit FMCSA comment section on proposed Cross Border Pilot Program
3. FMCSA publishes response to PASA’s in Federal Register as required by law
4. FMCSA Plans August Restart for Mexico Trucks Program
5. FMCSA quick to comply with suggestions of the USDOT/OIG regarding the Long Haul Pilot Program