Mexican Laws meeting U.S. compatibility and acceptance
This table outlines the specific U.S. and Mexican regulations in the three areas where the Mexican regulations or processes are being accepted as meeting U.S. requirements.
Mexican Laws coinciding with American Regulations
| Description | United States | Mexico |
|---|---|---|
| Drug and Alcohol Testing Procedures—Random Testing | 49 CFR Part 40 ............................. | Requires random drug testing by motor carrier at a 50% rate. Government conducts random drug testing at terminals, ports of entry, and specific areas along corridors. |
| Drug and Alcohol Testing Procedures—Collection of samples | 49 CFR Part 40 Collection of procedures outlined | • Reglamento del Servicio de Medicina Preventiva del Transporte. DGPMPT–IT–02–01; DGPMPT–PE–02–F–01.Collection procedures have been ISO certified. The U.S. and Mexico have a Memorandum of Understanding that Mexico will, when collecting samples to satisfy U.S. drug testing regulations, use U.S. collection procedures and forms. These forms have been translated into Spanish and provided to Mexico. |
| Drug and Alcohol Testing Procedures—Laboratory Testing. | 49 CFR Part 40. Laboratories approved by the Dept of Health and Human Services | DGPMPT–PE–01–IE–01. Regulations and procedures are equivalent to U.S. standards. Laboratory is not certified due to lack of proper equipment and other procedural requirements. |
| Commercial Driver’s License—Issuance. | 49 CFR Part 383. Outlines the knowledge, skills and testing procedures required to obtain a commercial driver’s license | Ley de Caminos, Puentes y Autotransporte Federal. Articlos 89 y 90, Reglamento de Autotransportes Federal y Servicio Auxilares. Driver must provide proof of medical qualification, proof of address, and training(both skills and knowledge). Must be renewed every 2 years. |
| Commercial Driver’s License—Disqualifications. | 49 CFR Part 383. Outlines CDL disqualifications for major and serious traffic violations | Ley de Caminos, Puentes y Autotransporte Federal. Reglamento del Servicio de Medicina Preventiva del Transporte.Provides for the disqualification of drivers for major and serious traffic violations. License can be canceled by a judge. License can be canceled for three speeding violations in a one year period. License can be canceled for leaving the scene of an accident without notifyingthe closest authority or abandoning the vehicle. License can be canceled for altering the license. License can be canceled for failing to a drug test. License cannot be obtained after failing a drug test without proof of success completion of a rehabilitation program. License can be suspended for failing to provide accurate information on application. Cancellation is valid for 10 years—cannot obtain a license for 10 years. |
| Medical Standards | 49 CFR Part 391 US—Requires a comprehensive physical and psychological examination. Medical exam is not part of the CDL process. | Reglamento del Servicio de Medicina Preventiva del Transporte. Mexico requires Requires a comprehensive physical and psychological examination. Medical Medical examination is a pre-requisite to obtaining a Licencia de Federal de Conductor. Medical examination may be required while the driver is ‘‘in operation’’(on duty) to determine if the driver is still qualified to drive. |
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