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U.S. Department of Transportation
Office of Public Affairs
Washington, D.C.
http://www.dot.gov/affairs/briefing.htm
FOR IMMEDIATE RELEASE
FMCSA 5-02
Thursday, March 14, 2002
Contact: Dave Longo
Telephone: 202-366-0456
Implementing NAFTA
DOT Sets Safety Requirements For Mexican
Trucks, Buses in United States
The United States today took another step
toward safe implementation of the southern border truck and bus crossing
provisions of the North American Free Trade Agreement (NAFTA). The U.S.
Department of Transportation established tough safety requirements for
Mexican motor carriers operating to and from the United States and required
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,"
U.S. Transportation Secretary Norman Y. Mineta said. "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."
With today's 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 intensified safety monitoring during an 18-month provisional
period, and 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 intends to provide Mexican carriers
educational and technical assistance before the border opens and as they
apply for operating authority.
The rules announced today include requirements
that meet terms 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.
In companion documents, the Department's
National Highway Traffic Safety Administration proposed rules and procedures
that manufacturers would be required to follow to retrofit vehicles with
certification labels, complementing FMCSA's proposal that all trucks and
buses operating in the United States carry labels certifying that they
meet U.S. federal motor vehicle safety standards at the time of manufacture.
Today's rulemakings are among the actions
that the U.S. Department of Transportation is taking to prepare for opening
the border for Mexican truck and bus operations, which is expected by
mid-year.
Additional information about the five FMCSA
regulatory actions posted at the Federal Register can be accessed at:
http://www.fmcsa.dot.gov.
NHTSA's proposals are on the Internet at http://www.nhtsa.dot.gov
and a fact sheet is at http://www.dot.gov/affairs/briefing.htm.
The regulatory documents are in the USDOT
docket (Docket Numbers FMCSA-98-3297, FMCSA-98-3298, FMCSA-98-3299, FMCSA-2001-11060,
FMCSA-01-10886, NHTSA-02-11592, NHTSA-02-11593, and NHTSA-02-11594). To
be considered, written comments on the interim rulemakings and proposals
should be sent to the USDOT docket facility before the date indicated
in each document. Comments should be sent to the attention of the specific
document number, Room PL?401, 400 Seventh Street, S.W., Washington, DC.
The rules and comments filed in each rulemaking are on the Internet and
can be viewed there by searching for the docket number at http://dms.dot.gov/.
Comments also may be submitted electronically at this site.
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