Thursday, September 20, 2007

Mexican Trucks Start Hitting the U.S. Highways

Mexican Trucks Start Hitting the U.S. Highways
On Thursday, September 6, the Bush Administration began granting authority to Mexican trucks to travel U.S. highways under a one-year pilot project. (http://www.dot.gov/) Pursuant to an agreement reached by the Bush Administration with Mexico in February, up to 500 trucks from 100 Mexican trucking companies that have met certain safety, licensing and other requirements will be allowed to operate anywhere in the country. (Department of Transportation Briefing, February 23, 2007) While this agreement was to go into effect within 60 days after it was announced, Congress delayed its implementation in May by adding a provision to the Iraq War emergency supplemental appropriations bill requiring the Department of Transportation Inspector General to report on the safety of the program before it could proceed. (See P.L. 110-28 § 6901)

The first Mexican trucking company allowed to travel inside the United States is Transportes Olympic of Nuevo Leon, which says it plans to use two trucks to carry goods within the U.S. Transportes Olympic sent its first truck across the Texas border early Saturday morning, where it underwent an inspection and then departed for North Carolina. (Houston Chronicle, September 8, 2007) Another 37 Mexican firms are presently set to obtain the U.S. driving permits. (Bloomberg, September 7, 2007.)

The pilot project with Mexico marks the first time Mexican trucks will be allowed to transport goods outside of a twenty-five mile border zone since the North American Free Trade Agreement authorizing this cross-border travel went into effect in 1994. The expansion of Mexican trucking under NAFTA was halted when then-President Bill Clinton refused to allow Mexican trucks to travel beyond a 25-mile border zone citing highway safety. In 2001, a NAFTA tribunal ordered the U.S. government to open all of its highways to Mexican trucks despite safety concerns. (Reuters, September 6, 2007)

Opposition to the Administration's decision to push ahead with the Mexican Trucking pilot project is growing in various corners. Last week, dozens of truckers let by the Teamsters plus anti-illegal immigration activists protested the trucking program near San Diego's Otay Mesa border crossing, holding signs that read 'NAFTA Kills' and 'Save American Highways.' (ABCNews September 6, 2007) In a written statement, Teamsters union General President Jim Hoffa criticized the Administration, calling the pilot project an "illegal program" that was "announced under the cover of darkness." Representative Peter DeFazio (D-OR), declared the project to be "another attack on the working people of the United States." (Bloomberg, September 6, 2007)

The Bush Administration defended the Mexican Trucking program, insisting it has imposed rigorous safety protocols in the program, including drug and alcohol testing for drivers done by U.S. companies. However, in a recent report, the DOT Inspector General said the Administration had no coordinated plans for checking trucks and drivers participating in the test program, and that the motor carrier safety group needed to do more to help enforce the English requirement for drivers. (Associated Press, September 8, 2007)

The Teamsters, Sierra Club, and Public Citizen took further action to block the pilot program last week by filing a lawsuit seeking an injunction. Unfortunately, the Ninth Circuit Court of Appeals rejected the petition. The Teamsters, the Sierra Club and other groups said they would continue their legal fight to stop the program because of "serious safety, environmental, smuggling and security concerns." (New York Times, September 9, 2007) Interestingly, Teamsters Spokesman Leslie Miller said American truckers were most concerned about sharing the roads with potentially unsafe Mexican vehicles, not the potential of increased competition from lower-wage workers. "We have nothing against Mexican truck drivers; it's the companies that exploit them that we oppose," she said. "We're absolutely not ready for this." (New York Times, September 9, 2007)

Opponents of the program are also hoping Congress will intervene. The House version of the Transportation Department Appropriations bill contains language that would halt the project on public safety grounds. The legislation comes before the Senate next week. (Reuters, September 6, 2007)

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