The Mexican Cross Border program was in the news the entire week after John Hill, administrator of FMCSA indicated the program might need to be extended to provide more accurate statistics. This brought out the expected firestorm from the opponents and bloggers with no connection to the trucking industry.
First out of the chute of course, was Jimbo Hoffa, continuing to confuse the issue and subvert the facts, this time with a talking head from a Washington think tank who shares Or was paid to share Hoffa’s views. If you have the stomach, you can read the opinions here.
Preceding Hoffa’s dog and pony affair, Secretary of Transportation Mary Peters, held a news conference surrounded by leaders of manufacturing and agriculture. Her news conference was to make the point of the harm that would come from withdrawing from the cross border program.
OOIDA executive vice president Todd Spencer was quoted as saying he found Peters comments “humorous” and equated it to “economic fear mongering”. I find it ironic that Spencer uses this particular phrase to describe what he and his organization has been engaging in for the past year or longer.
Ambush on Capitol Hill
Tuesday, March 11, a hearing was held on Capitol Hill by what had been billed as the FULL Senate Commerce and Transportation Committee. In reality, the hearing was conducted by an arrogant and impotent little prick by the name of Senator Byron Dorgan (D) ND. He was joined by Senator Mark Pryor (D) AR whose main interest seemed to be in a bill he introduced concerning secure CDL’s and whether or not the Mexican participants would be paying Arkansas’ “Ad Volorum Tax”. Secretary Peters assured him that all Mexican trucks paid the same taxes as their American counterparts.
Senator Dorgan went on the attack against Secretary Peters who held here own well against this onslaught of criticism and sarcastic comment from the little man.
The basis for the continuance of the program hinges on the interpretation of the word “establish”, as we pointed out the day the amendment was passed. Using the “plain language meaning”, Secretary Peters believes she has the law on her side in continuing the program.
We agree. It would seem that if they really wanted to stop this program, more specific language, such as “nor implement” or “establish or continue to conduct”, would have been used. English language we all understand.
Of course, Dorgan, being his sarcastic and arrogant self, keep accusing Peters of arrogance and flaunting the law.
English proficiency was brought into play and the issue of testing English proficiency was examined. When it was brought up that one of the tests was identifying 4 traffic control signs, and the drivers are allowed to give the answer in English or Spanish, the little man zeroed in on this trying to prevent Peters from answering the question fully. The truth of the matter is, the rest of the “test” is questions and answers in English.
The also brought up Trinity Industries once again, and for the life of me, I cannot come up with the numbers that the opposition uses. What everyone seems to overlook is the fact that Trinity Industries de Mexico is a wholly owned subsidiary of Trinity Industries of Dallas Texas. Reading the inspection reports in question, the trailer inspected and found to have faults were AMERICAN REGISTERED, being brought to the Trinity Industries terminal in Eagle Pass Texas. It would seem that the Eagle Pass maintenance facility was negligent in maintaining the trailers to be pulled by American trucks. But of course, this was not mentioned.
And of course that pathetic little man Senator Dorgan, threatened Ms Peters with undisclosed “consequences”, but the truth is, there isn’t much can be done.
Even if the GOA finds fault, it is doubtful that the Attorney General would bring charges. And if he did, President Bush would pardon her at the end of his term. And exercise in futility.
Better to wait to see what the 9th Circuit has to say about this.. Whatever the result, it is assured the decision will be appealed to the Supreme Court, which probably will refuse to hear the case. But before this happens, the Cross Border Program will be at an end, and in all likelihood, the border will be open as it should be.
Monday, March 10, The Office of Inspector General for the DOT released another interim report. Contrary to what many think, it is positive towards the progress that FMCSA has made in correcting earlier deficiencies.
Jimmy Hoffa of course disagrees. Despite the fact that OIG states that the issues with databases, and other concerns have been corrected, Jimbo continues to pursue his agenda of protectionism and lies.
Funny thing is, I just returned from a trip to Boston and New York City, a bastion of Teamster shops and I have yet to see one of Hoffa’s “Fire Mary Peters” decals or bumper stickers anywhere.
Throughout this joke of a hearing, Mary Peters conducted herself with class and grace.
Oh, and did I mention the little girl Hoffa put before the commission with the sob story, unsubstantiated of course, about losing family members to a big bad “unsafe”, “illegal” Mexican truck! These assklowns are pulling out all the stops!
A misguided Pennsylvania state lawmaker, looking to get his name in the media, is calling for President Bush to comply with the federal law regarding trucks from Mexico.
State Rep. Dan Surra, D-Elk, has offered a resolution that urges the Bush administration and the U.S. Department of Transportation to obey recently enacted federal law.
“Allowing Mexican truckers and long-haul rigs on highways throughout the United States – absent the rigorous inspections and safety and training standards for U.S. trucks and truck drivers – is dangerous to the public,” Surra said in a written statement.
Congress approved legislation late last year to stop funding for the pilot program, citing concerns that Mexican trucks don’t meet U.S. safety standards. The Bush administration and U.S. DOT, however, are continuing to allow the Mexico-based trucks to cross the border.
Surra is looking to put more pressure on the president and U.S. DOT to end the program.
“Keeping these Mexican trucks on U.S. highways is a direct violation of federal law, a law that the president himself signed,” Surra said. “It also puts many safe U.S. trucking companies and truck drivers at a competitive disadvantage in their own country.”
The resolution – HR612 – is awaiting consideration in the state’s House Transportation Committee.
Editors Note: Actually, the truth of the matter, which has been proven on this site, is that the Mexican carriers engaged in this program are rigorously inspected and and held to the same and somewhat higher standards than their American counterparts. The concerns cited are merely a smokescreen put before the American public by special interest groups such as the Teamsters and OOIDA to furhter their nativist and protectionist agenda.
In the six months this program has been in operation, there have been no incidents, accidents or other actions that have put the American public at risk. To date, the program has been a success.
In regards to it being in violation of Federal Law, that will be for the 9th Circuit to decide. Most people with a brain and the knowledge to use it realize that FMCSA is following the Dorgan amendment to the letter. They have not “established” any Pilot Programs regarding Mexican trucks since the Omnibus Spending Bill was signed into law. Er, where in the hell is Elk Pa anywho?
What I find fascinating is the people opposed to this program no absolutely nothing about the border, our industry down here and will in no way be impacted by the Mexican carriers involved.
Texas Department of Public Safety Inspectors announced today their plans to cause a total disruption of border commerce in the Laredo sector
Texas DPS along with USDOT and FMCSA have been handing out pamphlets announcing their intentions of turning back at the border, any transfer driver who can not or will not respond to their questions in English.
Luis Brown Robert Sesma, president of the National Camera of the Motor transport de Carga (Canacar), expressed this week, his indignation of measures being announced, that the FMCSA and USDOT will take towards Mexican carriers.
“it is ridiculous to announce that they will put out of service the operators who do not speak English, it is understood when you go to the interior of the United States, but in the border region, to force them, that is not right”!
He added that according to a pamphlet which they are giving to Mexican shuttle drivers, that it is anticipated that ofnot responding in English to the personnel of the DPS, will cause them tobe put out of service and the operators and the carriers could be fined.
With nearly 5000 Mexican shuttle drivers operating in the area, it was determined by CANACAR representatives, that perhaps 2-3% speak English at a level of 30%.
FMCSA Regulation 391.11 (b)(2) specifies that commercial can read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.
We agree with this rule where it applies to the participants in the Cross Border Program and any other driver operating on the nations highways, but Mexico Trucker has a definite problem with the enforcement of the regulation in an area where English is realistically, a second language and 95% of the folks down here are bi-lingual.
This seems little more than harassment and a means to enhance the county coffers at the expense of these drivers who only make about $20 dollars per crossing.
We do things a little differently down here on the border and in the end, it all comes together and works smoothly and efficiently.
If this policy is enforced here, you can expect longer wait times for your trailers to cross the border, which means more idle time in the truck stops.
Let’s see, there are 5000 drivers, and only 3% speak acceptable English, that is 150 trucks to do the work of 5000.
Yep! ya’ll going be doing some sitting, measured days instead of hours!
Be careful what you wish for people! The repercussions ain’t nice!
CANACAR spokesman plan to complain to the Mexican government for relief. Mexico Trucker fully supports CANACAR this time and is in opposition to this incredibly stupid plan.
For a year, OOIDA, as well as the Teamsters, has been filling the media with gross exaggerations, misrepresentation of facts and twisting the numbers to make them fit their agenda.
Well, it’s payback time, and boy, are they whining!
As they say, you play, you pay! Looks like OOIDA has gotten themselves blacklisted by the FMCSA Public Information Office. Pobrecitos!
Since August of 2007, OOIDA media (Land Line Magazine and “Land Line Now” on XM radio) have been on the blacklist. Our honest and passionate criticism of the president’s Mexican cross border pilot program placed us crossways with the administration and had us blackballed by public affairs officials within the U.S. Department of Transportation.
That is how Mexico Trucker came into being. Listening to people like Steve Sommers and his daddy, the Trucking Bozo offering “expert” opinion on a subject they knew nothing about, Mexico. And to this day and this moment, I am still looking for the illiterate third world country with bad highways and drunk and drugged truck drivers.
Speaking of Bozo and to make the point, anyone hear his show today? Besides talking about how all roads in Mexico were in bad condition, he went on to advise a caller that an American trucker crossing the border woud be inspected by the Mexican Customs agents, who would see the big fancy CB radio on the dash with the 5000w kicker. He would radio his friends in the Federal Highway Police who would stop the trucker and confiscate the equipment. What total and utter bullshit!
Never happened to me. My Suburban, my VW Jetta nor my classic Mercedes 300 Trubo Diesel have ever gotten a second glance from any of them. And when I drive them, they are equipped with a Garmin Nuvi GPS and XM Radio. Not to mention a few other “toys” I carry with me.
But back to the subject. Perhaps OOIDA should change their strategy concerning the Cross Border Program and debate on the merits, and not on the crap they think up to inflame the passions of the general public.
A nice idea, which I doubt will ever happen.
I’ve always said that the entire debate is an exercise in gross stupidity and I continue to maintain that position.
Teamster, OOIDA, Public Citizen and other fringe “safety” groups continue to oppose 12 Mexican carriers putting 54 well maintained trucks on the highways of the US.
We’ve also made mention of the estimated 1000 Mexican carriers who were grandfathered in back in 1982 when President Reagon signed the moratorium against foreign carriers. But those were never mentioned and are not mentioned when discussing the Cross Border Program.
Has anyone ever wondered exactly how many Mexican companies are assigned USDOT identification numbers? And how many power units operate under this identifying number.
Would you believe 14,243 Mexican truck operators have USDOT numbers? Would you also believe that these operators have more than 43,857 power units available?
Believe people! I ain’t been wrong yet. Or better yet, Download the Spreadsheet and see for yourself.
And you’re worried about 55 trucks!
So that’s over and done with, and truthfully, it is all anti-climatic.
On Tuesday, February 12, the 9th Circuit heard oral arguments on the frivolous lawsuit brought before it by the Teamsters, OOIDA, Sierra Club and Public Citizen.
The day started with members of the Teamsters showing their ass in a demonstration in front of the Federal Courthouse. The Teamsters claim 450 in attendance but other news sources put the attendance at around 100, a fact that photos of the event seem to sustain.
At least a hundred Teamsters rallied outside the courthouse before the hearing. Teamsters carried signs that read “NAFTA Kills” and “Fire Mary Peters.”
At issue is the legality of the program and this will all center around the definition of the word “establish”. One Justice seems to think that the wording to the amendment is “unambiguous” while a second Justice supports the fact that it does not apply to this program which was established before the amendment was inserted into the Omnibus Spending Bill. The third Justice has not let his thoughts on the matter be known.
But the arguments went all over the place, each one more idiotic than the one before it.
OOIDA claimed that Mexican trucks are not held to the same safety standards as US trucks and in a manner of speaking, they are correct. Evidence shows that Mexican carriers are held to a slightly higher standard than US and Canadian trucks in regards to the fact that they must pass a Pre Authorization Safety Audit before receiving OP-1 authority to operate in the US, as opposed to US and Canadian trucks who are issued provisional authority pending their first audit in 18 months.
They also questioned the differences in US CDL’s and Mexican Licencia Federal de Conductores which is a non issue. In a mutual agreement signed in 1992, it was acknowledged that the Licencia Federal is basically the same as the US CDL.
Jimmy Hoffa began the week with a media blitz of misinformation and deliberate lies. People do this when they fear they are on the losing end of the argument.
In the Detroit News and again in the Arizona Republic, Hoffa’s comments were published. He made reference to the accident on the Pharr-Reynosa bridge last month, which had absolutely nothing to do with the cross border program nor the carriers involved in the project. In another article, he mentions the Coahuila truck explosion last year and insinuates that this is indicative of the Mexican transportation industry, while failing to note that the cause of that accident was a four wheeler returning from a beer run and hitting the tractor trailer while making an illegal pass.
The Teamsters also had a “victim” tell his story of losing family members to a “Mexican Truck” accident which according to Hoffa, could have been prevented. But no evidence nor further comment to establish this. The Teamsters as usual are full of insinuations but short on facts to back up their assertions.
The Justices asked interesting questions, such as the validity of OOIDA’s claims regarding SAFERSYS stats that predate the program. Todd Spencer has continually used twisted facts and anecdotal evidence concerning the Border shuttle fleets to convince the American public that these are the trucks which will participate in the program.
So now we wait! If you are holding your breath thinking a decision is imminent, don’t! Remember the appeals before the 5th Circuit of the two convicted felons Ramos and Compean? Their supporters thought they would be out by Christmas? Still no word after three months and 5th Circuit is a much smaller Court.
And if the 9th Circuit rules in favor of the Plaintiffs, will that put an immediate end to the Pilot Program? Not on your life. The Government can ask for a hearing before the full court which will delay it further. And the 9th has shown time and again their unwillingness to issue an injunction in this case.
And from the words of Jimmy Hoffa, and the scare tactics being employed by Joan Claybrook and others, It appears they realize that they may be on the losing end, as they well should be.
Public Citizen has put up a copycat website, Stop Nafta Trucks where they have this silly little Youtube video purporting to be Mexican truck accidents. In reality, with the exception of the opening scene, these are all accidents which have occurred on US highways by US carriers. They’ve all made the news.
As a spokesman for FMCSA pointed out, “This is what you do when the facts are not on your side and you continue to lose in Court”! Very true words.
FMCSA granted provisional authority to 3 more Mexican based carriers to participate in the cross border program on Friday afternoon, bringing the total to 15 carrier participants, with a total of 54 power units, more than enough to provide statistical evidence of the success of the program when it winds down in September.
The carriers are:
Transportes Francisca Burgos Vizcarra from Mexicali, Baja California with 10 trucks;
M&N de Mexico from Tecate, Baja California with 1 truck;
and Distribuidora Marina El Pescador of Tijuana, Baja California, also with one truck.
To date, there are 31 more carriers approved and the FMCSA is waiting for insurance documentation and evidence of Process Agents before granting provisional authority.
In the six months the program has been active, there have been no reports of accidents or serious incidents involving these trucks and carriers, contrary to what Joan Claybrook, Jimmy Hoffa and Todd Spencer would have you believing.
Mexico-Domiciled Motor Carriers
These are the Mexican domiciled carriers authorized to participate in the Cross Border Program
| DOT # |
Docket # |
Name |
Address |
City |
State |
Zip |
Country |
# Vehicles |
| 555188X |
MX239409 |
Fernando Paez Trevino dba Transportes Olympic |
Carretera Miguel Aleman KM 26.5 |
Apodoca |
Nuevo Leon |
66600 |
MX |
2 |
| 650383X |
MX700812 |
Transportes Rafa de Baja California SA de CV |
Calle Mexicali S/N |
Mexicali |
Baja Cal |
21377 |
MX |
2 |
| 557972X |
MX315982 |
Luciano Padilla Martinez dba Transportes Padilla |
Av. Las Margaritas #21931 Lomas de Matamoros |
Tijuana |
Baja Cal |
22206 |
MX |
3 |
| 1052546X |
MX440938 |
Servicios Refrigerados Internacionales SA de CV |
Transportistas # 407 Julian de Obregón |
Leon |
Guanajuato |
37290 |
MX |
5 |
| 710491X |
MX327700 |
Higienicos y Desechables del Bajio SA de CV |
Fresno Num 1081-A Col Morelos |
Guadalajara |
Jalisco |
44960 |
MX |
3 |
| 650155X |
MX701100 |
GCC Transporte SA de CV |
Ave De Las Industrias Num 6900 Nomber De Dios |
Chihuahua |
Chihuahua |
31110 |
MX |
13 |
| 610385X |
MX468284 |
Trinity Industries De Mexico S de R L de CV |
Calzada De Las Marisoles Lote 1 Fracc Industrial Ex Hacienda |
Huehuetoca |
Mexico |
54680 |
MX (Withdrawn from program |
16 |
| 975522X |
MX458694 |
Fidepal S de RL de IP y CV |
Carr Nac Sahuayo-Jiquilpan KM 2.5 S/N Noria de Montes |
Sahuayo |
Michoacán |
59000 |
MX |
1 |
| 951134X |
MX423511 |
Roberto Montemayor Cruz |
Zaragoza OTE 221 Centro |
Gral Zuazua |
Nuevo Leon |
65750 |
MX |
2 |
| 1658656X |
MX623064 |
Transportes Selg SA de CV |
Eje 120 No. 305A Industrial Zone |
San Luis Potosí |
San Luis Potosí |
78395 |
MX |
8 |
| 559560X |
MX230376 |
Ricardo Cesar Martinez Montemayor |
Hidalgo No. 102 |
General Zuazua |
Nuevo Leon |
65750 |
MX |
1 |
| 563815X |
MX274709 |
Jose David Ruvalcaba Adame dba Madereria Las Lomitas |
Calle B #785 Ejido Ruiz Cortinez |
Ensenada |
Baja California |
22810 |
MX |
1 |
| 1055053X |
MX602338 |
Maria Del Carmen Lopez Armenta dba Distribuidora Hermanos Hayashi |
Bremen No 23619 |
Tijuana |
Baja California |
22680 |
MX |
1 |
| 558189X |
MX232209 |
Francisca Burgos Vizcarra dba Transportes Francisca Burgos Vizcarra |
Lombardo Toledano # 1065-2 Consunto Urbano Esperanza |
Mexicali |
Baja California |
23350 |
MX |
10 |
| 786826X |
MX346819 |
Noe Basilio Montiel dba M&N de Mexico |
Ave B No. 110 |
El Encanto Sur Tecate |
Baja California |
21440 |
MX |
1 |
| 677516X |
MX313931 |
Moises Alvarez Perez dba Distribuidora Marina El Pescador |
Calle 6TA No. 2224 Centro |
Tijuana |
Baja California |
22000 |
MX |
1 |
| 1059694X |
MX443410 |
Transportes Monteblanco SA de CV |
Bosque De Ciruelos #304 Piso 9 |
Ciudad de México |
Distrito Federal |
11700 |
MX |
1 |
| 1142107X |
MX462940 |
Avomex International SA de CV |
Carretera Sabinast-Rosita KM 1 SN Fudadores |
Sabinas |
Coahuila |
26740 |
MX |
6 |
| 559947X |
WITHDREW |
Orlando Nevid Lopez Hernandez dba Productos Alpes |
Atenas No. 100 Costa Azul |
Tijuana |
Baja California |
22506 |
MX |
1 |
| 1693389X |
MX630116 |
Oscar Arturo Grageda Duarte dba Six Bros Transport |
Calle 35 #420 |
Cuauhtemoc |
Chihuahua |
31520 |
MX |
4 |
| 557042X |
MX238579 |
Luis Eusebio Salgado Esquer dba Transportes Salgado |
Blvd Garita De Otay #778 |
Tijuana |
BC |
22509 |
MX |
5 |
| 556741X |
MX227213 |
David Klassen Peters |
Campo #11 KM 35 ½ Alvaro Obr |
Campo #11 KM 35 ½ Alvaro Obr |
Chihuahua |
31603 |
MX |
2 |
| 861744X |
MX630115 |
Grupo Behr de baja California SA de CV |
Blvd Bellas Artes # 17686-116 |
Tijuana |
Baja Califronia |
22509 |
MX |
4 |
| 1548345X |
MX575502 |
Maria Isabel Mendivil Velarde dba Transportes Julian Villa |
Calle Banamichi S/N Lomas De Cortes |
Guaymas |
Sonora |
85450 |
MX |
9 |
| 1296357X |
MX623223 |
Distribuidora Azteca Del Norte SA de CV |
Emilia Perez Payan # 2827 Colonia Independencia II |
Ciudad Juarez |
Chihuahua |
32670 |
MX |
2 |
| 1677817X |
MX627510 |
Translogistica SA de CV dba Estafeta |
Asistencia Publica # 496 Federal |
Ciudad de México |
Districto Federal |
15700 |
MX |
2 |
| 711276X |
MX328068 |
Transportadora Terrestre, S.A. de C.V. dba Estafeta |
Cerrada De Ceylan # 539 Industrial Vallejo Azcapotzalc |
Ciudad de Méxic |
Districto Federal |
02300 |
MX |
10 |
| 654499X |
MX498213 |
Manuel Encinas Teran |
San Paulo # 26 Chula Vista |
Nogales |
Sonora |
84000 |
MX |
1 |
| 558189X |
MX232209 |
Francisca Burgos Vizcarra dba Transportes Francisca Burgos Vizcarra |
Miguel Negrete 1999 |
Ciudad de México |
Distrito Federal |
21100 |
MX |
10 |
| 974841X |
MX412619 |
Maquinaria Agrícola de Noreste SA de CV |
KM 9 Carretera Alvaro Obregón |
Cuauhtemoc |
Chihuahua |
31500 |
MX |
1 |
| 711282X |
MX328062 |
Autotransportes de Distribución Y Consolidación SA de CV |
Cerrada de Ceylan #539 Industrial Vallejo Azcapotzal |
Ciudad de México |
Districto Federal |
02300 |
MX |
4 |
WASHINGTON – In her first public statements on the Mexican trucking controversy, U.S. Transportation Secretary Mary Peters defended yesterday the pilot program that allows Mexican trucks to travel throughout the United States in defiance of a congressional order.
U.S. officials also responded to complaints that a Mexican carrier that withdrew from the program several days ago never should have qualified because of an allegedly poor safety record.
Peters got an earful of criticism from several lawmakers during a House appropriations transportation subcommittee hearing on President Bush’s proposed budget.
Rep. Marcy Kaptur, D-Ohio, accused Peters of being in violation of the law for continuing the five-month-old program, which opened the U.S.-Mexico border to crossings by authorized trucks from both countries and allowed Mexican trucks to travel beyond a previous 25-mile limit. Congress later passed a law to shut off program funding.
“It’s a mystery to me why, with all the other transportation needs we have in this country, you’re spending money on a program that we specifically asked you not to do,” Kaptur said.
Peters reiterated the administration’s view that the law enacted in December was too narrowly worded to end the program – scheduled to continue through September.
She emphasized what she said were the program’s strict requirements to ensure that Mexican carriers comply with U.S. safety standards.
“There have been no safety incidents involving these vehicles to date,” Peters said.
None of the 42 Mexican trucks enrolled in the program has been involved in an accident, officials said.
They said the Mexican trucks have compiled an average 10 percent “out of service” rate since the program began – meaning that 10 percent of the vehicles that were pulled over for inspections were put out of service until violations were corrected.
That’s less than half the 23 percent out-of-service rate for U.S. trucks, according to the agency.
The Teamsters Union, a foe of the project, slammed the Department of Transportation for allowing a Mexican carrier, Trinity Industries of Mexico, based in Piedras Negras, Mexico, to join the program after racking up an average of 112 safety violations per truck in the previous year. DOT spokesman Brian G. Turmail said the carrier was approved because the “vast majority of (violations) were relatively minor.”
Trinity qualified for the program in November but withdrew Feb. 1 and never sent any trucks into the United States beyond the commercial border strip.
Leonel Olivares, terminal manager at Trinity Industries in Eagle Pass, Texas, said its Mexican affiliate “never had intentions of the drivers actually driving into the States. They just wanted to look at the program,” he said.
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