Senator Tom Carper
SH 513
Washington, DC 20510

202-224-2441 Washington
302-674-3308 Dover
302-856-7690 Georgetown
302-573-6291 Wilmington

http://carper.senate.gov
Dear

Thank you for writing to me to express your concerns about the cross-border trucking between the United States and Mexico. I appreciate hearing from you about this important matter. I am pleased to inform you that the Senate recently voted to cease funding the cross-border trucking demonstration program beyond 25 miles of the U.S.-Mexico border.

As you may know, when the North American Free Trade Agreement (NAFTA) was established in 1994, cross-border trucking provisions were put on hold. In 2000, Mexico filed a complaint with the NAFTA board, claiming the U.S. was in violation of the free trade agreement by imposing a moratorium on cross-border trucking. The board ultimately agreed with Mexico’s claim and since 2002, Congress and the U.S. Department of Transportation have been negotiating how to implement NAFTA’s provisions with respect to long-haul trucking.

Earlier this year, the Administration authorized the Department of Transportation to begin a demonstration program to grant a limited number of Mexican carriers the ability to haul shipments across the U.S.-Mexico border. In May, Congress temporarily blocked the full implementation of the program, requiring a full assessment of program safety and a report from the Department of Transportation’s Inspector General. The Department began conducting initial stages of the program, which included extensive safety audits of Mexican carriers, trucks, and truckers. So far, only one Mexican carrier had been granted cross-border operating authority, and they had not yet completed the insurance payments needed to commence cross-border trucking activity.

With that being said, I certainly understand your concerns about driver safety, drug trafficking, immigration, and other issues with regard to cross-border trucking. When conducting pre-authorization safety audits in Mexico, U.S. Department of Transportation agents inspected carrier operations, conducted background checks, checked for trucker hours of service compliance, vehicle maintenance, and conducted drug tests on drivers. Moreover, all truckers would be subject to interviews and inspections by border patrol and Customs agents at the U.S. border. Under the demonstration program, Mexican truckers would not be permitted to carry passengers; they would need to acquire a border crossing visa from U.S. Customs; they would be interviewed to ensure English proficiency; and finally, they would be subjected to a background check using criminal and terrorist databases.

I have heard from a number of constituents who, like yourself, harbor some concerns about this cross-border trucking demonstration program. On September 12, I joined my colleagues in the Senate in passing the Transportation, Housing and Urban Development, and Related Agencies Appropriations Act of 2008. Senator Richard Durbin (D-IL) successfully attached an amendment to this bill, which I supported, to bar the use of federal funds to carry out this demonstration program. In other words, the amendment prohibits Mexican trucks from traveling beyond a 25-mile radius of the U.S.-Mexico border.

Let me assure you that I will continue to monitor this issue closely, and should the President veto this bill and send it back to the Senate for another vote, I will be sure to keep your views in mind. Thank you again for contacting me. Please do not hesitate to contact me in the future about other matters of importance to you.

With best personal regards, I am

Sincerely,

Tom Carper
United States Senator

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