DOT Sets Safety Requirements For Mexican Trucks, Buses in United States

The U.S. Department of Transportation has established what it says are tough safety requirements for Mexican motor carriers operating to and from the United States, and requires that all motor carrier safety inspectors, auditors, and investigators be certified.

“President Bush and I are committed to extending the benefits of free trade throughout North America while ensuring that a strict and rigorous safety regime is established and enforced. The steps taken today will help ensure that all trucks, buses and drivers entering the United States from Mexico meet U.S. safety standards and operate safely on U.S. roads when we implement the truck and bus provisions of NAFTA,” says U.S. Transportation Secretary Norman Y. Mineta.

The rules meet terms laid out in the Transportation and Related Agencies Appropriations Act, 2002, signed into law by President Bush on Dec. 18, 2001. They comprise a final rule, three interim final rules and a proposed rule by the Department’s Federal Motor Carrier Safety Administration (FMCSA). FMCSA plans to publish similar rules later this year for all new entrant carriers who seek motor carrier authority to operate in the United States.

Based on this recent regulatory action, Mexican carriers applying to operate anywhere in the United States will be required to have a distinctive USDOT number, have their vehicles pass a safety inspection, and undergo safety monitoring during an 18-month provisional period, as well as provide supplemental safety certifications as part of the application process.

Mexican commercial vehicles will be permitted to enter the United States only at commercial border crossings and only when a certified motor carrier safety inspector is on duty.

The regulations also will require Mexican carriers operating in the United States to have a drug and alcohol-testing program, a system of compliance with U.S. federal hours-of-service requirements, adequate data and safety management systems, and valid insurance with a U.S. registered insurance company. The carrier’s ability to meet these requirements will be verified by a safety audit conducted by qualified U.S. inspectors prior to receiving provisional authority to operate to and from the U.S.

At least half of these safety audits, which are to be conducted by qualified inspectors, must take place in Mexico. In addition to safety audits, all Mexican carriers granted provisional operating authority will undergo full safety compliance reviews during the 18-month provisional period.

FMCSA says it also intends to provide Mexican carriers educational and technical assistance before the border opens and as they apply for operating authority.