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NAFTA / MEXICAN TRUCKS

CRASH Urgent Action Alert On NAFTA Cross-Border Trucking

Background

A conference committee made up of members of the Senate and House of Representatives are about to reconcile the Department of Transportation appropriations bill for 2002/2003. The Murray/Shelby provisions included in H.R. 2299 mandate thorough initial and subsequent on-site safety evaluations of all foreign-domiciled carriers before their commercial vehicles enter the U.S.

The Murray/Shelby provisions also requires that:

* every border crossing have permanent inspection facilities (only 2 of the 27 US/Mexican border crossings have full inspection facilities available now);

* border inspectors have the ability to verify on the spot the validity of Mexican commercial drivers' licenses; and

* Mexico is complying with hours of service rules.

In August, the White House threatened to veto the bill saying the Murray-Shelby safety measures would violate the NAFTA. This is absolutely untrue and a strong majority of Senators and Representatives continue to insist that the proposed safety restrictions and programs be funded before the border opens. Despite the added element of national security brought about by the tragic events of September 11, President Bush wants Mexican trucks to be allowed on roads throughout the country beginning in January.

Sen. Kay Bailey Hutchison (R-TX) helped draft the Senate legislation that the administration is threatening to veto. Recently she said ``I think the Department of Transportation needs to do more than they've done. I think we can achieve that and still keep the commitment to NAFTA, but nothing in NAFTA says that we'll allow unsafe trucks on American highways. I'm not going to accept watered-down language that doesn't achieve the goal of safety.''

We agree completely. However, there are still powerful forces at work that are pushing to open the borders anyway. Clearly these interests are motivated by something other than highway safety or national defense. They continue to lobby for diminished controls. We need to be heard just as loudly or they may very well get their way.

Immediate Action Required

Please call or fax the following Members of Congress ASAP, especially if you are their constituent, asking them to support retaining the Murray/Shelby Mexican truck safety provisions in the final version of H.R. 2299. Unless these basic safeguards are adopted the border should not be opened to Mexican motor carriers.

Tell them that because of the events of September 11 and subsequent bioterrorism threats it is more important that ever that every Mexican motor carrier company undergo a thorough safety review at their place of business before being allowed to operate anywhere in the U.S;

Tell them trucks crossing our borders and traveling through the U.S. must be certified safe, with qualified, well-rested drivers, and be adequately insured before they enter the U.S.;

Tell them every truck from Mexico carrying hazardous materials should be inspected at the border;

Tell them every border crossing should have a permanent inspection facility and inspectors on duty 24 hours a day;

Tell them Mexico-domiciled carriers must appoint an agent for service of process upon the carrier in each state in which the carrier operates; and most importantly,

The FMCSA should be required to revoke or suspend a Mexican carrier's operating authority upon the discovery of a serious violation during the first 18 months of operation.