Court: Mexican Trucks Program To Proceed

[ShooterTom]

SAN FRANCISCO (AP) — The Bush administration can go ahead with a pilot program to allow as many as 100 Mexican trucking companies to freely haul their cargo anywhere within the U.S. for the next year, a federal appeals court ruled Friday.

 

The 9th U.S. Circuit Court of Appeals denied a request made by the Teamsters union, the Sierra Club and the nonprofit Public Citizen to halt the program.

 

The appeals court ruled the groups have not satisfied the legal requirements to immediately stop what the government is calling a "demonstration project," but can continue to argue their case.

 

The trucking program is scheduled to begin Thursday.

 

In court papers filed this week, the Teamsters and Sierra Club argued there won't be enough oversight of the drivers coming into the U.S. from Mexico.

 

They also argued that public safety would be endangered in a hasty attempt by the government to comply with parts of the North American Free Trade Agreement.

 

The trade agreement requires that all roads in the United States, Mexico and Canada to be opened to carriers from all three countries.

 

Canadian trucking companies have full access to U.S. roads, but Mexican trucks can travel only about 20 miles inside the country at certain border crossings, such as ones in San Diego and El Paso, Texas.

 

The government contends that further delays in the project will strain the relationship between the U.S. and Mexico.

 

In court filings this week, government lawyers said that the program is an important interim step in fulfilling the United States' obligations under NAFTA. They said that Mexican trucking companies would have to meet the same regulations governing U.S. trucking companies, and that in some cases the requirements are stricter.

 

Representatives of the Teamsters did not immediately return calls late Friday from The Associated Press, and a Sierra Club spokeswoman declined to comment immediately.

 

The program is designed to study whether opening the U.S.-Mexico border to all trucks could be done safely.

 

Congress ordered the Department of Transportation this year to launch a pilot program to investigate the issue. As the start date neared, the Teamsters and the Sierra Club claimed the public wasn't given enough opportunity to comment on a program that, as proposed now, won't yield statistically valid results.

 

The government says it has imposed rigorous safety protocols in the program, including drug and alcohol testing for drivers done by U.S. companies. In addition, law enforcement officials have stepped up nationwide enforcement of a law that's been on the books since the 1970s requiring interstate truck and bus drivers to have a basic understanding of written and spoken English.

 

The Federal Motor Carrier Safety Administration, the Department of Transportation agency charged with managing the program, said Friday that the court's decision is "welcome news for U.S. truck drivers anxious to compete south of the border and U.S. consumers eager to realize the savings of more efficient shipments with one of our largest trading partners."

 

However, the agency said it must still wait for final report by the inspector general and for Mexico to begin giving U.S. trucking companies reciprocal access before the program can begin.

 

The Teamsters had complained that the government has provided not details of the reciprocal agreement.

 

 

Copyright © 2007 The Associated Press. All rights reserved.

 

http://ap.google.com/article/ALeqM5gS-m4Yj...GBeExfTKOq7Yy8w

[fritz]

It is kinda a spinoff of the old "no tickee, no laundry" but the DPS is starting to pull over truckers and enforce the OLD law that ALL truckers speak and READ english.

 

That's good, if they will just keep doing it. I bet Bush don't like it!

 

fritz

 

[roscoedoh]

I've seen this free trucking issue thing coming. This has been in the works for years and it looks like its finally coming to fruition. Our politicians want a free trade zone like Europe has and by-golly they'll have it come hell or high water. Whether its for good or ill remains to be seen. How anything can appear to be negative, show itself to be negative in practice, and receive so much negative feedback and still be seen as something positive by government astounds me. I'm not the smartest guy in the world so maybe the positive implications of allowing foreigners free reign to my sovereignty may be out of my mental reach. Can't say for sure on that one....

 

With regard to the driver's license issue:

 

You do not have to be able to read (any language) or understand English to drive in Texas. If you can't read (or can't read English) you can have the licensing exam read to you. Further, you must demonstrate that you understand what the street signs mean and demonstrate a basic ability to drive you vehicle without running anyone over. That, and a small fee, are about all it takes to get a driver's license in Texas.

 

What illegals do when they want a license is they'll go down to the local DPS office and get a state issued ID card. They'll sit on that for 30-90 days (however long they have to) and then they'll take their shinny new ID card down the DPS office, take and pass the licensing exam for a driver's license, and end up with a driver's license. They're not here legally....but they're legal to drive.

 

[ShooterTom]

It is kinda a spinoff of the old "no tickee, no laundry" but the DPS is starting to pull over truckers and enforce the OLD law that ALL truckers speak and READ english.

 

That's good, if they will just keep doing it. I bet Bush don't like it!

 

fritz

 

In this article it talks about the requirment to speak and understand english. This is the quote from the beurucrat at the "Federal Motor Carrier Safety Administration":

 

“We have found people in violation of this for a number of years and we’re working feverishly to correct it,” John Hill, head of the Federal Motor Carrier Safety Administration, told the Associated Press Friday.

 

U.S. drivers can kiss their jobs goodbye once the Beaners start driving for Peanuts or Pinto beans in this case.

 

http://www.brownsvilleherald.com/news/truc...n_trucking.html

 

 

Mexican trucks get U.S. visa

Despite misgivings drivers to get access to entire country

By Aaron Nelsen — The Brownsville Herald

September 1, 2007 - 11:40PM

Try as it might to block Mexican trucks from operating in the United States, the Teamsters Union doesn’t have a legal leg to stand on, according to the Federal Motor Carrier Safety Administration.

 

Earlier this week the Teamsters Union announced its intention to ask a federal appeals court to block the Bush administration’s plan to enact a measure of the 1994 North American Free Trade Agreement regarding cross-border trucking.

 

It would give a limited number of pre-approved Mexican trucking lines access to deliver cargo anywhere of the United States, instead of the 25-mile restriction that kept Mexican trucks inside a border trade zone since 1995.

 

The plan would also give American trucking lines access to Mexico.

 

Canadian trucks already have unrestricted access to U.S. highways.

 

A Saturday deadline to allow Mexican trucks to travel the U.S. interior was delayed. The earliest the program would begin is Thursday, according to FMCSA spokeswoman Melissa Mazzella DeLaney.

 

Some Rio Grande Valley truckers, like David Brown, sympathize with the Teamsters and believes the plan is simply a bad idea, especially for the Valley.

 

“When you take away all the costs American companies incur with American employees (Mexican companies) will be able to cut the freight rates and monopolize the industry,” Brown said.

 

Distribution centers, which serve as drop-off and pick-up points for trucks on both sides of the border, could suffer too if trucks no longer have to stop.

 

U.S. companies aren’t likely to risk sending expensive merchandise and trucks into the Mexican interior, Brown said. Many Mexican trucking companies have also expressed concern that U.S. companies could flood their market.

 

Beyond market worries, there are also growing complaints that drivers on U.S. roadways are being ticketed if they can’t speak English when quizzed by state troopers.

 

A federal law requiring sufficient English language skills for foreign truckers navigating America’s highways has been in place since 1971. Stricter enforcement is expected leading up to Thursday’s rule change.

 

“We have found people in violation of this for a number of years and we’re working feverishly to correct it,” John Hill, head of the Federal Motor Carrier Safety Administration, told the Associated Press Friday.

 

The FMCSA is more focused on truck safety laws than language proficiency, according to DeLaney.

 

The administration notes in its motion against the Teamsters lawsuit that Mexican trucks make 4.5 million trips across the border every year and have a safety record that meets or exceeds the safety record of U.S. trucks.

 

“The Mexican trucks have to meet the exact same safety standards as U.S. trucks,” DeLaney said. “If anything, the bar is higher because they will have had to prove a lot more on the front end than any U.S. trucking company.”

 

Forty-four trucks from Mexico are expected to participate in the program in the first 30 days.

 

Additionally, the Department of Transportation’s inspector general must submit a congressionally-mandated assessment of the program. The department must respond to the assessment and U.S. companies must begin receiving clearance to operate in Mexico.

 

“We are hopeful these three things will fall into place by Thursday,” she said.

 

Despite the Teamsters’ fears, at least one Mexican trucking company shrugged off the opportunity to take a piece of the U.S. market.

 

“We’re not interested in trucking to the United States,” said Gonzalo Garcia, of Transportes General Lauro Villar, a Matamoros trucking company.

 

“I think it’s preferable to work with what you know. That way you keeps things running smoothly.”

 

 

 

Requirements for commercial drivers

 

Truck drivers must meet the general entry requirements as a visitor for business (B-1 classification) set forth in section 101(a)(15)( of the Immigration and Nationality Act of 1952 (INA) and the Department of State regulations. To qualify as a bona fide visitor for business, the driver must:

 

-- Have a residence in a foreign country which he or she has no intention of abandoning

 

-- Intend to depart the United States at the end of the authorized period of temporary admission

 

-- Have adequate financial means to carry out the purpose of the visit to and departure from the United States

 

-- Establish that he or she is not inadmissible to the United States under the provisions of section 212(a) of the INA, which includes such grounds of inadmissibility as health related, criminal, subversive, public charge, improper manner of arrival or improper documents, other immigration violations and several other categories of ineligibility.

 

For more information:

www.cbp.gov/xp/cgov/import/carriers/land/how.xml

 

SOURCE: U.S. Customs and Border Protection

 

 

 

 

[AzRednek]

It has been apx 10 years or so as I was traveling from Arizona to Illinois. During this trip UPS was on strike. On two occasions I saw the familair brown trucks being sandwiched in moving about 15-20 MPH along the highway. The incident I saw in Missouri, the truckers were blasting horns and they were barely moving. Now I'm not accusing the Teamsters of anything but my gut feeling says 18 wheelers acting on their own using CB radios and the internet can make one's travel somewhat of a nightmare if they so desire.

 

Hopefully things wont get out of control as they did during the Greyhound strike when buses using scab drivers were used for target practice and a few unoccupied buses mysteriously caught fire. Even if the news media is some how controlled. The truckers spreading the word, using their CB radios, travleing from city to city will likely make travel and life in general pretty miserable for the Mexican truck drivers. I feel pretty strongly that the Mexican truck driver is going to learn a lesson about being on the wrong side of the American truck drivers. The first truck stop that offers the Mexican drivers even a drop of gas will see how fast the word boycott travels around the country.

[Horsefly]

There's already talk amoungst Teamsters to call a strike.The dude told me that at their last meeting,the statement was made that since the U.S. govt. won't listen to the people,they'll be forced to bring the country to a halt,putting the blame on the politicians for ignoring the people.I bet the taco-benders didn't have to go through the hassel I did and still do to have a DOT drivers licence.Something most folks don't know is,Canadian trucks have more restictions than our trucks as in the brake systems and lighting.When you see a Canadian truck,you can be asurred it's machically sound and safe.If you go to the Mexican border and see the trucks they have there,it'll give you cold chills.They all smoke,have hoses and wires hanging loose,tread on a tire is unheard of, and you can hear air leaking out of the airtanks even with the engine running.Bill Clinton screwed us when he started NAFTA,and George is screwing us by letting it go forward.Look how close we came to having a raghead country running our seaports. Jerry

[ShooterTom]

I can't say that I will shed any tears if some mexican drivers, come to some bad end.

 

Tom

[fritz]

"With regard to the driver's license issue:

 

You do not have to be able to read (any language) or understand English to drive in Texas. If you can't read (or can't read English) you can have the licensing exam read to you. Further, you must demonstrate that you understand what the street signs mean and demonstrate a basic ability to drive you vehicle without running anyone over. That, and a small fee, are about all it takes to get a driver's license in Texas.

 

What illegals do when they want a license is they'll go down to the local DPS office and get a state issued ID card. They'll sit on that for 30-90 days (however long they have to) and then they'll take their shinny new ID card down the DPS office, take and pass the licensing exam for a driver's license, and end up with a driver's license. They're not here legally....but they're legal to drive. "

 

 

I believe that only pretains to a regular license. It is my understanding that a CDL requires the ability to speak and read English.

 

 

fritz

 

 

[roscoedoh]

I believe that only pretains to a regular license. It is my understanding that a CDL requires the ability to speak and read English.

fritz

 

Praise Jesus if that's the case.

[fritz]

"Praise Jesus if that's the case. "

 

 

It is so, and the Texas DPS has already begun stopping Mexican trucks and issuing citations for unsafe vehicles and the failure to fulfill the NAFTA requirement that Mexican truckers be able to speak and read English. It only makes sense, road signs are printed in English (at least now) and we all know how a defective truck can cause more wrecks than a properly maintained one.

 

How many properly maintained trucks have you seen in Mexico? For that matter, how many properly maintained cars have you seen in Mexico?

 

I don't know if they pass through your neck of the woods, but here on one of the main routes to (and from) the border, we see trucks with Mexican plates towing some of the junkiest looking cars down to Mexico. They buy our junkers and take them down there. Since there is no safety inspections in Mexico, these junkers are on the streets of Mexico tomorrow.

 

Sorry, but I do not want their schitty trucks coming through my town (which is on one of the main routes to (and from) the border. The reason I mention to and from in the same sentence is because there is so much trafficking of drugs "from" and drug money "to" the border.

 

But, and there is always a but----under NAFTA, American truckers must be able to speak spanish in Mexico.

 

Why in hell don't we just leave things they way they are?

 

Answer----NAFTA!

 

BTW, the same thing as sending our junk cars to Mexico applies to our used tractors. When I was first starting farming, I was shopping for a used tractor. There was a Farmall diesel on this dealer's lot that needed work, and I figured I could get it cheap (I was a young farmer, not yet a Gentleman Farmer). The dealer refused my fair offer for it, and said he could sell it to Mexico for more!

 

So, Mexico has screwed me more than once. I won't mention the times I (forget it).

 

 

fritz

[Horsefly]

My brother worked at a Case house years ago,and they sold all their old trade-ins to pepperbellys that would break the tractors in half and remove the tires out front in the parking lot.That way they payed no import taxes when they crossed into may-he-co.I live right off I-35 that deadends at the Rio Grande in Larado,so we see 1000's of cars and mini-vans being towed south,most filled with bicycles and washer and driers.Maybe someday it'll be their personal belongings.Jerry

[fritz]

",most filled with bicycles and washer and driers"

 

 

When they get down here, they also have a lot of hundred dollar bills, the reward for "towing" drugs up north.

 

fritz

[AzRednek]

we see 1000's of cars and mini-vans being towed south,most filled with bicycles and washer and driers.

 

My neighbor's father would visit from Juarez and I just couldn't believe some of the junk he'd load in his truck to haul back with him. The strangest junk I saw was a couple of old beat to hell water heaters. The old guy used to run around the neighborhood going through garbage cans.

[AzRednek]

So, Mexico has screwed me more than once.

 

Me too in my younger days, first time it cost a whopping 3 bucks and took 5 minutes or less!! I barely had enough left to bring home any M-80's, Cherry Bombs or switch blades.

 

[Horsefly]

Wow AZ,your last post brought back memories.I use to deliver oilfield lab trailers to Matamoris and Larado for extra money in the mid 70's,and would buy switchblades for $2.00 ea. and sell them where I worked for 20 bucks.I'd stick them in my boots and every pocket when crossing the bridge.The company gave me a food and hotel allowance,but I didn't eat much and never slept,so I'd spend the extra money on produce in the Valley,citrus fruit mostly,and sell every bit at my job.I had a pretty good set up using some elses truck and gas.The owner didn't care at all and would buy stuff from me too.So now ya'll know,I'm a has been smuggler.Jerry

[AzRednek]

I never got 20 for a blade but my smuggling went back to the early 60's. Started when I was about 12. I remember one trip and my mother took all my blades away from me. I did best with Roman Candles. I'd sneak 4 dowm my pant legs and was guarenteed a 20 from a spoiled neighborhood fat kid. He was the only one the the hood with air-conditioning and always had money. That came to an end when he started a fire on the 4th of July. I also made good money re-selling Horse Sh!t cigarettes, remember those?? I got ripped-off real good one trip. I got hood winked into buying Spanish Flys. If only one of those pills really worked like the urban legands I would have made a fortune.