Thread: Safe American Roads Act of 2007

Teamsters Salute House Vote to Delay Unsafe Mexican Trucks Plan

Boyda Bill Would Require Trucks To Meet Safety, Security Standards

Contact:
Leslie Miller
(202) 624-8734

May 15, 2007

(Washington, D.C.) - The Teamsters Union salutes the U.S. House of Representatives for overwhelmingly passing a bill today that would halt the Bush administration’s reckless pilot program to open our highways to unsafe Mexican trucks until U.S. safety and security standards are met. The vote was 411-3.

“This important bill ensures that the American traveling public is protected,â€

Sorry this is the plan by Bush. This means nothing.


In an effort to ensure Mexican trucks will begin rolling across the U.S. on schedule, the Bush administration is pressing the Senate to not take any action on a bill passed overwhelmingly by the House that essentially would block the project.

Sources within the Senate Committee on Commerce, Science and Transportation have confirmed in background conversations that the panel has put on hold taking any action on the Safe American Roads Act of 2007, the bill the House passed May 15 by a vote of 411-3.

At the encouragement of the White House, the senators on the transportation committee are taking the position that the requirements of the Safe American Roads Act were wrapped into the provisions of H.R. 2206, the Iraq supplemental funding bill, signed May 25 by President Bush.

At the moment, the staff of the Senate transportation panel has no plans to discuss a Senate bill comparable to Safe American Roads Act before the July recess.

Well, this Safe American Roads Act of 2007 does not protect us from thye Pilot Program.
Read below.


110th CONGRESS

1st Session

H. R. 1773

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AN ACT
To limit the authority of the Secretary of Transportation to grant authority to motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Safe American Roads Act of 2007 '.

SEC. 2. LIMITATION ON GRANTING AUTHORITY.

The Secretary of Transportation may not grant authority to a motor carrier domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border, except under the pilot program authorized by this Act .

SEC. 3. PILOT PROGRAM.

(a) In General- The Secretary of Transportation may carry out, in accordance with section 350 of Public Law 107-87, section 31315(c) of title 49, United States Code, all Federal motor carrier safety laws and regulations, and this Act , a pilot program that grants authority to not more than 100 motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border.

(b) Limitation on Commercial Motor Vehicles Participating in Pilot Program- The number of commercial motor vehicles owned or leased by motor carriers domiciled in Mexico which may be used to participate in the pilot program shall not exceed 1,000.

(c) Pilot Program Prerequisites- The Secretary may not initiate the pilot program under subsection (a) until--

(1) the Inspector General of the Department of Transportation submits to Congress and the Secretary a report--

(A) independently verifying that the Department is in compliance with each of the requirements of subsections (a) and (b) of section 350 of Public Law 107-87; and

(B) including a determination of whether the Department has established sufficient mechanisms--

(i) to apply Federal motor carrier safety laws and regulations to motor carriers domiciled in Mexico; and

(ii) to ensure compliance with such laws and regulations by motor carriers domiciled in Mexico who will be granted authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border;

(2) the Secretary of Transportation--

(A) takes such action as may be necessary to address any issues raised in the report of the Inspector General under paragraph (1); and

(B) submits to Congress a detailed report describing such actions;

(3) the Secretary determines that there is a program in effect for motor carriers domiciled in the United States to be granted authority to begin operations in Mexico beyond commercial zones on the United States-Mexico border;

(4) the Secretary publishes in the Federal Register and provides sufficient opportunity for public comment on the following:

(A) a detailed description of the pilot program and the amount of funds the Secretary will need to expend to carry out the pilot program;

(B) the findings of each pre-authorization safety audit conducted, before the date of enactment of this Act , by inspectors of the Federal Motor Carrier Safety Administration of motor carriers domiciled in Mexico and seeking to participate in the pilot program;

(C) a process by which the Secretary will be able to revoke Mexico-domiciled motor carrier operating authority under the pilot program;

(D) specific measures to be required by the Secretary to protect the health and safety of the public, including enforcement measures and penalties for noncompliance;

(E) specific measures to be required by the Secretary to enforce the requirements of section 391.11(b)(2) of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act ;

(F) specific standards to be used to evaluate the pilot program and compare any change in the level of motor carrier safety as a result of the pilot program;

(G) penalties to be levied against carriers who, under the pilot program, violate section 365.501(b) of title 49, Code of Federal Regulations, as in effect on the date of enactment of this Act ;

(H) a list of Federal motor carrier safety laws and regulations for which the Secretary will accept compliance with a Mexican law or regulation as the equivalent to compliance with a corresponding Federal motor carrier safety law or regulation, including commercial driver's license requirements; and

(I) for any law or regulation referred to in subparagraph (H) for which compliance with a Mexican law or regulation will be accepted, an analysis of how the requirements of the Mexican and United States laws and regulations differ; and

(5) the Secretary establishes an independent review panel under section 4 to monitor and evaluate the pilot program.

SEC. 4. INDEPENDENT REVIEW PANEL.

(a) Establishment of Panel- The Secretary of Transportation shall establish an independent review panel to monitor and evaluate the pilot program under section 3. The panel shall be composed of 3 individuals appointed by the Secretary.

(b) Duties-

(1) EVALUATION- The independent review panel shall--

(A) evaluate any effects that the pilot program has on motor carrier safety, including an analysis of any crashes involving motor carriers participating in the pilot program and a determination of whether the pilot program has had an adverse effect on motor carrier safety; and

(B) make, in writing, recommendations to the Secretary.

(2) RECOMMENDATIONS- If the independent review panel determines that the pilot program has had an adverse effect on motor carrier safety, the panel shall recommend, in writing, to the Secretary--

(A) such modifications to the pilot program as the panel determines are necessary to address such adverse effect; or

(B) termination of the pilot program.

(c) Response- Not later than 5 days after the date of a written determination of the independent review panel that the pilot program has had an adverse effect on motor carrier safety, the Secretary shall take such action as may be necessary to address such adverse effect or terminate the pilot program.

SEC. 5. INSPECTOR GENERAL REVIEW.

(a) In General- The Inspector General of the Department of Transportation--

(1) shall monitor and review the pilot program;

(2) not later than 12 months after the date of initiation of the pilot program, shall submit to Congress and the Secretary of Transportation a 12-month interim report on the Inspector General's findings regarding the pilot program; and

(3) not later than 18 months after the date of initiation of the pilot program, shall submit to Congress and the Secretary an 18-month interim report with the Inspector General's findings regarding the pilot program.

(b) Safety Determinations- The interim reports submitted under subsection (a) shall include the determination of the Inspector General of --

(1) whether the Secretary has established sufficient mechanisms to determine whether the pilot program is having any adverse effects on motor carrier safety;

(2) whether the Secretary is taking sufficient action to ensure that motor carriers domiciled in Mexico and participating in the pilot program are in compliance with all Federal motor carrier safety laws and regulations and section 350 of Public Law 107-87; and

(3) the sufficiency of monitoring and enforcement activities by the Secretary and States to ensure compliance with such laws and regulations by such carriers.

(c) Report to Congress- Not later than 60 days after the date of submission of the 18-month interim report of the Inspector General under this section, the Secretary shall submit to Congress a report on--

(1) the actions the Secretary is taking to address any motor carrier safety issues raised in one or both of the interim reports of the Inspector General;

(2) evaluation of the Secretary whether granting authority to additional motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border would have any adverse effects on motor carrier safety;

(3) modifications to Federal motor carrier safety laws and regulations or special procedures that the Secretary determines are necessary to enhance the safety of operations of motor carriers domiciled in Mexico in the United States; and

(4) any recommendations for legislation to make the pilot program permanent or to expand operations of motor carriers domiciled in Mexico in the United States beyond municipalities and commercial zones on the United States-Mexico border.

SEC. 6. DURATION OF PILOT PROGRAM.

(a) In General- The Secretary of Transportation may carry out the pilot program under this Act for a period not to exceed 3 years; except that, if the Secretary does not comply with any provision of this Act , the authority of the Secretary to carry out the pilot program terminates.

(b) Final Report- Not later than 60 days after the last day of the pilot program, the Secretary shall submit to Congress a final report on the pilot program.
Passed the House of Representatives May 15, 2007 .

Attest:

Clerk.


110th CONGRESS

1st Session

H. R. 1773

AN ACT
To limit the authority of the Secretary of Transportation to grant authority to motor carriers domiciled in Mexico to operate beyond United States municipalities and commercial zones on the United States-Mexico border.

Pilot Progoram has started.






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INVASION USA
It's official: Mexican trucks coming
100 companies will have unlimited access to U.S. roads

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Posted: February 23, 2007
2:41 p.m. Eastern


By Jerome R. Corsi
© 2007 WorldNetDaily.com


(TTNews.com)
One hundred Mexican trucking companies will have unlimited access to U.S. roads to haul international cargo as part of a year-long pilot program, the Department of Transportation announced today

In return, 100 U.S. trucking companies will be allowed to operate in Mexico but at a later date.

Calling for congressional hearings, Teamsters General President Jimmy Hoffa compared the announcement to the "Dubai Ports debacle," charging President Bush is "playing a game of Russian roulette on America's highways."

As WND previously reported, the Teamsters Union has strongly protested the opening up of U.S. highways to Mexican trucks, citing safety concerns.

(Story continues below)


A spokesman for Sen. Patty Murray, D-Wash., chairman of the Senate Appropriations Subcommittee on Transportation, Housing and Urban Development and Related Agencies, told WND the senator plans to hold hearings March 8 on the DOT pilot program.

A statement from Murray's office said she wants "to find out if the administration has really met the safety requirements that the law and the American people demand before long-haul Mexican trucks can travel across all our highways."

A spokeman from the office of Rep. James Oberstar, D-Minn., chairman of the House Committee on Transportation and Infrastructure, told WND hearings will most likely be held by Subcommittee on Highways and Transit, chaired by Rep. Peter DeFazio, D-Ore.

Both Oberstar and DeFazio are traveling today and a spokesman from Oberstar's office said the lawmakers have not had a chance yet to confer, so no hearings have yet been scheduled.

Oberstar and DeFazio have posted statements on the homepage of the House Transportation and Infrastructure raising questions about DOT's proposed Mexican truck pilot program.

Todd Spencer, spokesman for the Owner-Operator Independent Drivers Association, told WND that "to reach a conclusion that the safety regime in Mexico is compatible in any way, shape, or form with what we have here in the U.S. is ignoring reality. Mexico has never had hours-in-service regulations or drug testing of drivers. We still can't verify the accuracy of somebody's Commercial Driver’s License in Mexico for safety or compliance."

Spencer stressed the decision is not just a border decision.

"Once Mexican trucks are in the United States on this pilot program, they can operate everywhere in the U.S.," Spencer told WND. "If some state highway policeman in Vermont or Iowa stops a Mexican commercial truck in their state, they have absolutely no idea of deciding if that vehicle is in compliance with federal safety requirements. Who's going to provide the training or the equipment for state police to verify the legality of a commercial truck from Mexico, in terms of its cargo, its haul, its log book, or even the driver? Local police aren't going to have a clue."

Hoffa cited Mexico's inability to satisfy the DOT Inspector General's requirements for safety that have been mandated to the Federal Motor Carrier Safety Administration, or FMCSA.

WND previously reported applications of some 678 Mexican motor carriers seeking long-haul authority to operate about 4,000 vehicles was being held up pending the completed DOT Inspector General's review of proposed FMCSA rules regarding safety reviews for Mexican trucks seeking to operate in the U.S., including rules for on-site safety inspections in Mexico.

The DOT spokesman also affirmed to WND the FMCSA has now drafted regulations that the DOT Inspector General has accepted, after an audit of the enforcement mechanisms and regulations the FMCSA created.

The Teamsters Union posed to WND a series of "unanswered questions," including:


Will the drivers be checked against the terror watch list, or will our borders be open to anyone with a Mexican driver's license?

Will the drivers be required to carry a Mexican passport as U.S. citizens are required to present their passports when entering the country from Mexico?

Will all U.S. standards be applied to Mexican drivers, including the requirement that U.S. drivers undergo regular physicals and meet minimum age requirements?

Will Mexican truck drivers participating in the pilot program be required to undergo drug and alcohol testing in U.S. labs? Who will oversee the collection of random samples for drug and alcohol testing of the Mexican drivers while they are in the U.S.?

Will U.S. wage and hour laws be enforced for Mexican drivers during the pilot program? How will DOT enforce hours of service rules and prevent false log books and fatigued drivers from entering the U.S.?

How can DOT assure the U.S. public that all trucks will be inspected by U.S. officials in Mexico and at the U.S. border when fewer that 10 percent of all Mexican trucks entering the commercial zone are inspected today?
According to a DOT spokesman, the pilot program "is predicated on the notion that Mexican trucks operating in the U.S. under the pilot program will operate pursuant to every single requirement that pertains to U.S. trucks operating in the United States, including both safety and security requirements on both the state and federal level."

DOT has increased its inspection staff by some 270 inspectors to implement the program. Still, DOT plans to continue the on-site inspection activities in Mexico that were announced by DOT Secretary Mary Peters earlier this week in Monterrey, Mexico.

The DOT spokesman confirmed there is no limit to the number of trucks the 100 Mexican trucking companies can operate in the United States. There is no restriction on the roads within the United States that the Mexican trucks can travel once they are admitted in the pilot program at the border.

The Mexican trucks, however, will be limited to carrying international cargo, in that they will be prohibited from stopping at one point in the U.S. destined for another point within the country.

On their return home, Mexican trucks, however, will be allowed to pick up in U.S. cargo originating in the U.S. destined for delivery back to Mexico.

While in the U.S., the Mexican drivers will operate under U.S. rules and regulations, including those controlling hours of time allowed at the wheel without a break.

The DOT spokesman specified that under agreements with Mexico already in effect, Mexican and U.S. commercial driver's licenses will be consider equivalent during the pilot program.

Mexican trucks operating in the United States will be required to have U.S. insurance coverage for all liabilities, including traffic accidents.

"The intent is for the Mexican trucking operations in the U.S. to be indistinguishable from U.S. trucking operations," the DOT spokesperson affirmed, "except that the driver and the truck began their trip in Mexico."