Mexico Trucker Online

We’ve seen over the past couple of years where the Teamster’s and OOIDA have jumped all over the spectrum trying to find garbage they can hoist upon the unsuspecting public regarding the Cross Border Pilot Program. But we’ve never understood the stupidity of the claims OOIDA has made about illegal exemptions for the Mexican fleet, because, according to the data, and the way the program was structured, there were none.

The recent letter that OOIDA sent to Ninth Circuit requesting a ruling on their long running lawsuit before that Court, and how they once again, “stretched the truth” to get their point across.

in the letter, this seems to be the core of their objections.

The core of the present dispute revolves around the authority of the Secretary to accept
compliance by Mexico-based motor carriers and drivers with Mexican laws and regulations
covering CDL’s, drug testing and driver medical qualifications in lieu of compliance with
corresponding U.S. laws and regulations.

Is that all? All this bullshit that OOIDA and the Teamsters have been throwing around has been debunked many times over.

Concerning drug and alcohol testing procedures. In a Mutual Letter of Understanding, signed between Mexico and the United States on 10 June 1998

Mexico agreed to establish and maintain testing similar in scope and methodology to ours. In this regard, they have been successful. Applicants for a Licencia Federal de Conductor or a Mexican CDL. Applicants for a MCDL and renewals are required to undergo drug and alcohol testing in a government testing facility by government doctors and technicians. This in addition to undergoing physical exams, the same that airline pilots are required to pass. Unlike the US, the Mexican driver also must submit to a battery of psychological tests as a pre-condition to receiving his license. Just a couple of minor “facts” OOIDA and others would prefer you didn’t know. Mexican drivers are also subject to random drug and alcohol tests in their terminals, roadside in a mobile drug lab, and also for cause. Chain of custody is not an issue since the tests are conducted on site by a licensed physician.

All of the Mexican drivers participating in the Pilot Program were drug tested in US labs before being certified for the program.

Even the DOT Inspector General agreed in his final report issued in February.

Concerning Drug and Alcohol testing in Mexico:

• The Mexican drug and alcohol test collection system was at least equivalentto U.S. requirements in most respects. pg 17
• FMCSA’s Licensing and Insurance and Mexican Monitoring Systems Were Working Well To Monitor  Carrier Insurance Coverage and Initiate Any Needed Enforcement Actions 

Other MUA’s between Mexico and the US have determined that the US CDL and the Mexican Licencia Federal are essentially the same.

It’s all just smoke and mirrors on the part of the opposition. OOIDA, in their letter also has made it known they intend to further waste the members money by challenging any other attempt by the Obama administration to allow Mexican trucks into the US.

Unless the DOT has the benefit of the Court’s opinion on the lawfulness
of this program, then the petitioners’ concerns will not be addressed and will need to be
relitigated when any Mexican truck program is revived. pg 3

Keeping in mind this letter was written well after the DOT OIG Final Report was issued, the arrogance of Todd Spencer and his group is evident in this paragraph they sent to the Court.

Past approaches to the problem of allowing Mexican-based motor carriers and drivers to
operate within the United States have been problematical. On the one hand, a blanket refusal to
entertain applications for operating authority by Mexican-based motor carriers was found by the
International Arbitral Panel
7
to violate our national treatment obligations under NAFTA.
8
On the
other hand, Petitioner OOIDA contends here that the Secretary’s decision to grant special
treatment to Mexican-based motor carriers by accepting compliance with Mexican laws and
regulations in lieu of U.S. laws and regulations conflicts with controlling U.S. statutory law that
requires applicants for operating authority to be willing and able to obey all U.S. laws and
regulations.

Problematic? Perhaps Spencer overlooked, conveniently I might add, the statistics of Mexican carriers as a whole, including the OP-2 authority border carriers, and the hundreds of Mexican carriers grandfathered in under the 1982 moratorium.

First, Driver OOS rates across the spectrum:

And Vehicle OOS rates:

Problematic? The only problems I can see is the fact that the opposition has problems with the truth.

Without regard to how Mexico chooses to control it’s motor carriers in it’s own country, The Secretary of Transportation never accepted Mexican law in lieu of compliance with US law. Each and every truck crossing the southern border was expected to be in compliance with US laws and regulations once the entered the US. The same as the Canadians.

Once again, OOIDA is playing silly little word games to to take the focus off point. The point being that Mexican carriers are able, willing and have been complying with US rules and regulations when operating in this country.

We do not have the right to demand that Mexico establish the anal regulatory environment we have here. Only that their carriers comply with our rules when they cross the border