AUTHOR: Shorstein & Lasnetski, LLC TITLE: Is the Pilot Program Allowing Mexican Trucks into the U.S. Safe? DATE: 3/15/2008 02:10:00 PM ----- BODY:
In September of 2007, a US government-supported program went into effect (purportedly required by NAFTA) which allows some Mexican tractor trailer drivers to operate in the United States.  The program allows up to 100 Mexican trucking companies to operate throughout the United States.  The program is considered a precursor to opening the border between Mexico and the U.S. to allow unfettered access to the U.S. by Mexican trucks.  
The obvious concern with a program like this is its safety.  American tractor trailer companies and drivers that operate throughout the United States are subject to many regulations that are designed to ensure that they are operating their trucks safely.  The Mexican government does not have a similar set of regulations.  Additionally, due to the limitations with the Mexican record keeping system, it may not be possible to bring Mexican drivers up the U.S. standards since their drivers' driving, employment and criminal histories may not be accessible or reliable.   
After several months of the program, the Inspector General prepared a report which said that the Department of Transportation (DOT) did not implement the appropriate (and promised) safety and security measures regarding the Mexican trucks and drivers in the program.   According to the report, the Federal Motor Carrier Safety Administration (FMCSA) could not give assurances that it has checked each driver crossing the border from Mexico.  In addition to the obvious national security ramifications of this report, it is clear that the FCMSA can not vouch for the qualifications of the tractor trailer drivers crossing the border if they are not sure who they all are and what they are driving.   
As one Congressman points out, if the "DOT can't manage [imposing safety and security regulations] for the 60 trucks currently in the program, how can they handle an open border?"   Additionally, as the Teamsters General argued to the 9th Circuit Court of Appeals, a legal requirement of the program was having enough truck drivers to ascertain statistically valid findings as to the their safety.  However, "no reliable statistical projections regarding safety attributes can be made at this point." 
As a counterpoint, this article from The Arizona Republic's online newspaper points out the benefits of the Mexican drivers in the U.S. and reports that Mexican drivers and trucks have better safety records than U.S. drivers and trucks.  For instance, since 2003, Mexican trucks and drivers have been out of compliance with trucking regulations just 1.2% of the time compared to 7% for U.S. trucks and drivers, and fewer Mexican drivers are placed out of service than American drivers when inspected. 
Whether Mexican truck drivers are less safe than American truck drivers remains to be established.  However, it would seem to be indisputable that the DOT should take the necessary steps to be aware of at least basic identification and safety information regarding the drivers and trucks that cross the border into the U.S.
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