[StBernard] Senate Passes Landrieu-Sponsored Amendment to Prohibit DOT Mexican Trucking Pilot Program

[Westley Annis]

Senate Passes Landrieu-Sponsored Amendment to Prohibit DOT Mexican Trucking Pilot Program Mexican authorities unable to provide sufficient safety records.

 

WASHINGTON – The United States Senate today passed 74-24 an amendment co-sponsored by Senator Mary L. Landrieu, D-La., to prohibit any funds appropriated through the FY08 Transportation, Housing and Urban Development Appropriations Bill from being used for the Mexican trucking pilot project that will be initiated by the U.S. Department of Transportation (DOT).  The pilot project would allow Mexican trucking companies to operate within the United States.  The amendment is sponsored by Senator Byron Dorgan, D-N.D., and is co-sponsored by Senators Arlen Specter, R-Pa., Hillary Clinton, D-N.Y., Barack Obama, D-Ill., Sherrod Brown, D-Ohio, and Daniel Inouye, D-Hawaii.

“American trucking companies and truck drivers must abide by stringent regulations regarding their driving history and safety records,” Sen. Landrieu said.  “But the Department of Transportation cannot adequately assess such information on vehicle inspections, accident reports and other driver violations for Mexican trucking companies.  Until the Federal Motor Carrier Safety Administration can be absolutely certain that Mexican trucks are safe and won’t harm the American trucking industry, we must ensure that they are kept off our highways.”

A fact sheet on the current status of the Mexican trucking pilot program prepared by the Advocates for Highway and Auto Safety and other safety groups is attached.

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Advocates for Highway and Auto Safety,  Public Citizen, CRASH & P.A.T.T.
SUPPORT DORGAN AMENDMENT TO STOP DANGEROUS 
MEXICAN TRUCK PILOT PROGRAM

Safety Problems Still Exist – Pilot Program Shut Down Needed

U.S. DOT Letter to Congress* Misrepresents DOT Inspector General (OIG) Report*
*Both documents were issued on September 6, 2007.

FICTION:  The DOT letter asserts that legal requirements enacted by Congress have been completed.

FACT:  DOT has NOT met all legal requirements for pilot programs.
►Safety organizations have shown repeatedly that the Federal Motor Carrier Safety Administration (FMCSA), the DOT agency responsible for motor carrier safety, has evaded compliance with several key pilot program requirements of 49 U.S.C. § 31315(c) mandated by Section 6901. 
►FMCSA continues to ignore and evade federal law mandating compliance with additional legal requirements governing the conduct of pilot programs such as adopting a scientific plan for collecting project data and performing scientifically credible safety analysis.

FICTION: The DOT letter asserts that the states are ready for the pilot program.

FACT:  The OIG’s Report documents that many states are NOT ready.
► Five States (NE, NV, MT, RI, UT) and perhaps more (MD did not respond to OIG) are not ready to enforce safety rules for the pilot program.
► Six states (FL, GA, LA, NM, WA and DC) cannot enforce cabotage rules concerning point-to-point deliveries.
► Half the States do not have procedures in place to oversee and enforce requirements in several areas of safety and security.
► Database deficiencies on Mexican truck driver convictions still exist.
► FMCSA has only “promised” to correct bus border crossing problems.
► FMCSA has not adequately ensured that the States understand project guidance, and more training is needed.

FICTION:  The DOT letter states that FMCSA is ready for the pilot program.

FACT:  The OIG Report states that FMCSA is NOT ready in many key areas.
► FMCSA inspectors do not have critically important safety information on vehicle accident reports, driver violations maintained by Mexican authorities, and whether the pilot program applicant actually has U.S. long-haul insurance.
► FMCSA has admitted that key databases about Mexican motor carriers, vehicles and drivers are still under development.
►There is still no adequate method to ensure that Mexican drivers comply with U.S. drug and alcohol testing laws and regulations for specimen collection, only a plan to “cooperate” with Mexican authorities.
FICTION: The DOT letter claims to address all of the OIG Report concerns.

FACT: The OIG Report states that major issues of OIG concern were NOT resolved.
► FMCSA has no means of demonstrating the safety impact of the pilot project.
► FMCSA has not demonstrated that the project participants are a representative sample of Mexican motor carriers.

FICTION:  The DOT letter states that FMCSA will check “every truck, every time.”

FACT:  DOT is NOT ready to keep this promise.
 ►The OIG Report states that “FMCSA has not developed and implemented complete, coordinated plans for checking trucks and drivers participating in the demonstration project as they cross the border.” 

FICTION:  Site-specific plans for each border crossing have now been issued.

FACT:  These plans were not prepared until after the OIG Report was completed so the OIG did NOT review or audit the site-specific border crossing plans.
►The “Plans” were just created in the last few weeks.  One “plan” with Custom and Border Protection officials was forged a few days ago on September 4, 2007.
►The “Plans” lack essential details and are often only a single page.
►The “Plans” are often the result of one-time meetings with state and Custom and Border Protection officials.

FICTION:  FMCSA claims that Mexican motor carriers and drivers are not being granted any exemptions from U.S. regulations.

FACT:  In fact, safety organizations have demonstrated repeatedly that substantial differences continue to exist between U.S. and Mexican laws and regulations on commercial driver physical fitness and medical qualifications, commercial driver licensure, drug and alcohol testing, hours of service, truck certification of vehicle safety compliance, and enforcement of driver motor carrier laws and regulations.
►For example, FMCSA will not require Mexican truck drivers in the pilot program to take entry-level driver training that is required for all new commercial truck and bus drivers in the U.S.  Thus, Mexican drivers are exempt.
►Mexican drivers in the pilot program are also exempt from complying with U.S. physical fitness qualifications.  Even though FMCSA admits that Mexican physical fitness regulations are very different from U.S. requirements, FMCSA simply states that it regards the requirements of the two countries as equivalent.

FICTION:  The DOT letter claims that the OIG Report says that it is necessary to start the pilot program.

FACT:  The OIG Report does NOT declare that the pilot program should be started.
►The OIG Report is neutral on this point and only states that “if the Secretary elects to initiate the project following her report to Congress, we will be required under Section 6901 to monitor and review the demonstration project and submit an interim and final report to the Secretary and the Congress.”