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TABLE OF CONTENTS Introduction..........................................................................................................1 Commercial Vehicle
Safety Requirements For Operating in the United States............5
INTRODUCTION The U.S. Department of Transportation has developed this Motor Carrier Operating Requirements Handbook to assist foreign motor carriers, particularly new-entrants, seeking authority to operate in the United States under the North American Free Trade Agreement (NAFTA). The NAFTA established a timetable for the United States and Mexico to lift restrictions to the provision of motor carrier services. Beginning in June 2001, Mexican citizens or companies were able to own and control a U.S.-domiciled company to transport international cargo between points in the United States. Enterprises domiciled in the United States that are owned or controlled by Mexican citizens or companies are allowed to obtain operating authority to provide bus services between points in the United States. The NAFTA also permits Mexican trucking firms to engage in the cross-border delivery and backhaul of cargo, and allows passenger carriers to provide charter and tour bus services as well as regular route cross-border services. Canadian truck and bus companies have been able to operate the same services in the United States as those outlined above for Mexico under an agreement that preceded the NAFTA. Neither Mexican nor Canadian trucking firms are authorized, however, to move domestic cargo between points in the United States. This restriction is reciprocal for all three NAFTA parties.
All foreign motor carriers operating in the United States are subject to the same federal and state regulations and procedures that apply to U.S. carriers. These include safety regulations, insurance requirements, labor and environmental standards, and payment of all taxes and fees. In addition, foreign motor carriers and drivers must comply with applicable customs and immigration laws and regulations. The information included in this handbook was prepared by the U.S. Department of Transportation, in cooperation with other federal and state agencies, to assist foreign motor carriers in understanding the requirements for legal operation in the United States. It includes information on the Federal Motor Carrier Safety Regulations, the Federal Motor Vehicle Safety Standards, Hazardous Materials Transportation Safety Regulations, weights and dimensions requirements, application procedures for federal operating authority, customs regulations, immigration requirements for drivers, U.S. Department of Agriculture regulations applicable to imported commodities, applicable labor laws, tax obligations, and other requirements. This handbook provides important information regarding regulations that affect cross-border operations, which are enforced by several government agencies. Accordingly, the handbook includes the names, addresses, and telephone numbers of individuals who can answer questions and provide more complete information. Also, Internet web sites have been included for most federal and state agencies, where continually updated information on these requirements can be found. An electronic version of the handbook will be continuously available and updated on the U.S. Department of Transportation’s website (www.dot.gov/NAFTA) in order to provide the most current operational information and agency contacts. Finally, although this handbook has been developed as a stand-alone document, it is a cooperative effort with Transport Canada and Mexico’s Secretariat of Communications and Transportation (SCT), each of which has developed a similar handbook that is designed to assist foreign motor carriers who wish to conduct legal operations in Canada and Mexico. Those documents can also be accessed electronically through links on the DOT website. Important
Notice: Motor carriers are responsible for complying
with all applicable federal and state requirements, whether or not they
are described in this handbook. Throughout
this book the term motor carrier refers to commercial carriers of both
property and passengers, i.e. truck and bus operators. Additional Information The following U.S. Government publications may also be useful to motor carriers operating in the United States: Importing into the United States, a publication of the U.S. Customs Service, October. 1994 (Customs Publication No. 504A) Available from: Government Printing Office Superintendent of Documents Mail Stop SSOP Washington, D.C. 20402-9328 GPO Document No. ISBN 0-16-045392-5 DOT-Tabla 10S, Guia de Marcaci6n, Etiquetas y Carteles para-Materiales Peligrosos, a guide to hazardous materials marking, labeling, and placarding, published by the Research and Special Programs Administration, DOT, February 1994 Available from: Research and Special Programs Administration OHMIT/DHM-51 U.S. Department of Transportation 400 Seventh Street, S.W. Washington, D.C. 20590-0001 Guide for Brokers, Forwarding Agents, Freight Forwarders, and Warehousers, a publication of the Research and Special Programs Administration, DOT |