[Congressional Record Volume 153, Number 133 (Monday, September 10, 2007)]
[Senate]
[Pages S11314-S11315]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
MEXICO TRUCKERS
Mr. LOTT. Mr. President, I wish to be heard on this Dorgan amendment,
the pending amendment, with regard to the Mexican trucker demonstration
project. I wish to speak on it because I was involved in it the last
time this issue came up.
I have always urged that we deal with this in a fair way and in a
responsible way. We don't want unsafe trucks or unsafe drivers coming
into our country, whether they are coming from Mexico or Canada. But I
have always felt that maybe we had an attitude toward trucks coming in
from Mexico; it was very different from those which might be coming
from Canada. I think we need to have rules in place and we need to have
proper precautions, but I think we also need to be rational and
reasonable. If we don't have at least a demonstration project, what is
going to happen when our trucks want to go to Mexico? I will guarantee
you one thing: If I were the President of Mexico, I would say there are
not going to be any American trucks coming down here. Can't we use some
common sense? This is not some enemy satellite sitting on our border.
This is a place where we can begin to make progress.
I know it is easy to demagogue this issue and get into all kinds of
flights of fancy about, oh, yes, this is the beginning of a
superhighway coming from Mexico; that the border is just a bump in the
road and this is part of the one nation movement in North America. I
don't know where all this comes from. Maybe I am naive. I don't
advocate that. But I think we are really turning this into another case
of trying to make a bogeyman out of our neighbor to the south.
I don't have a vested interest in this. I was in the trucking
business once upon a time in my life. I know a little bit about
trucking. This is not a case where my State is on the border and is
going to be abused one way or the other. So I have the ability to try
to look at this objectively and to ask that we try to make sense in how
we deal with all of this.
This is not a new issue. We have been working on this, planning for
this, preparing for this for 14 years to make sure it is done properly,
including proper inspections, proper requirements. There is a program
we are trying to put in place which would be subject to an additional
audit at 6 months and when the project concludes. Remember, it is a
pilot program. We are not putting it in place in perpetuity. We want to
check it and see how it works and if it is done correctly.
Since 1982, trucks from Mexico have only been able to drive in a 25-
mile commercial zone along U.S. borders. Think about that. They can
come across the border, and they must stay in a 25-mile commercial zone
and then offload to U.S. trucks before they can come into the United
States.
The North American Free Trade Agreement contains a trucking provision
that was put on hold in 1995 by President Clinton, and, without being
critical of him, he wanted to make sure we had looked at it enough and
that there were safety requirements, and so forth. At that time, I
thought, frankly, he was probably doing the right thing. Then, in 2001,
a NAFTA dispute resolution panel ruled the United States was violating
NAFTA obligations by adopting a blanket ban on trucks from Mexico. So
then we kind of got into a fight about it, and that is where I got
directly involved, and that was in 2002 on the appropriations bill. It
detailed, as a result--again, we didn't say we were going to do it
regardless; we said, OK, we are going to try to find a way to do this,
but we are going to have some specific requirements. We detailed 22
safety requirements that had to be met prior to allowing trucks from
Mexico to drive beyond the U.S. 25-mile commercial zones.
Here are the 22 safety requirements and mandates we included in that
bill. I am going to read every one of them because I want to make sure
my colleagues understand that this is not something we are doing
frivolously or carelessly. We had specific requirements, and they have
been met:
Establish mandatory pre-authority safety audits.
Conduct at least 50 percent of the safety audits on-site in
Mexico.
Issue permanent operating authority only to Mexican
trucking companies who pass safety compliance reviews.
Conduct at least 50 percent of the compliance reviews on-
site in Mexico--including any who do not receive an on-site
pre-authority audit.
Check the validity of the driver's license every time a
truck comes across the border.
Yes, we want these drivers to be licensed. I am sure that when we go
forward with this, that some trucker gets in here with an unsafe truck
or without a driver's license or with illegal immigrants in the belly
of that truck, it will get huge coverage. I don't want any of that to
happen. So we have these safety checks, and we have a check of the
validity of the driver's license.
Assign Mexican truck companies a distinct Department of
Transportation number.
Inspect all trucks from Mexico that do not display the
current CVSA decal.
Have State inspectors in the border States report any
violations of safety regulations by trucks from Mexico to
U.S. Federal authorities.
Equip all U.S.-Mexico commercial border crossing with
weight scales--including weigh-in-motion systems at 5 of the
10 busiest crossings.
Study the need for weigh-in-motion systems at all other
border crossings.
Collect proof of insurance.
Limit trucks from Mexico operating beyond the border zone
to cross the border only where a certified Federal or State
inspector is on duty.
Limit trucks from Mexico operating beyond the border zone
to cross the border only where there is capacity to conduct
inspections and park out-of-service vehicles.
We must ensure compliance of all--all--U.S. safety regulations by
Mexican operators who wish to go beyond the border zones.
Improve training and certification for border inspectors
and auditors.
Study needed staffing along the border.
Prohibit Mexican trucking companies from leasing vehicles
from other companies when they are suspended, restricted, or
limited from their right to operate in the U.S.
Forbid foreign motor carriers from operating in the United
States if they have been found to have operated illegally in
the United States.
Work with all State inspectors to take enforcement action
or notify U.S. DOT authorities when they discover safety
violations.
Apply the same U.S. hazardous materials driver requirements
to drivers from Mexico hauling hazardous materials.
Provide $54 million in Border Infrastructure Grants for
border improvements and construction.
Conduct a comprehensive Inspector General's review--to be
certified by the Secretary--that determines if border
operations meet requirements--
That are required.
This is lengthy.
Now, I believe it has been pointed out on the floor that the
inspector general may have indicated: Well, it may not be possible to
do all this. We may not be able to check every truck--let's see here.
Any truck with a safety violation we stop until the problem is fixed.
There are questions about do we have the infrastructure and
capability to do that. But the specificity of the 22 mandates have been
met, and these are the critical provisions that are important.
The companies in Mexico must pass a safety audit by United States
inspectors, including review of drivers' records, insurance policies,
drug and alcohol testing, and vehicle inspection records. Every truck
that crosses the border as part of the program will be checked every
time it enters. There is a question about whether we can do that.
Remember, this is temporary and a pilot program. We need to check every
one of them. If we don't have the infrastructure to do that, we should
add it.
[[Page S11315]]
Any truck with a safety violation will be stopped until the problem
is fixed. Yes, that ought to happen. So we have a very distinct list of
items we are trying to do here.
In the first 30 days of the program, 17 Mexican truck companies will
be given operating authority. Additional companies will be added each
month. So there is some order to this program.
I say to my colleagues that this has been dealt with very
methodically. The requirements of Congress have been met. It is a pilot
program on a temporary basis with a 6-month audit. We ought to do this
program.
I cannot help but think that there is something more going on here
than safety concerns. I do think there is an attitude: We don't want
those Mexican truckdrivers up here. Sure, there are some who might not
be as good as they should be, but that is true with American
truckdrivers, too, on occasion. What about Canadian truckdrivers?
I feel we are making a mistake if we try to stop this temporary pilot
program, and I think it is going to seriously damage our ability to
work with the Mexican Government, with their new President, in not only
this area but a lot of other areas.
I urge my colleagues to look carefully at what has been done by our
Department of Transportation. Let's not assume the worst of our
neighbors from Mexico. I have known a lot of truckers, and I know the
kinds of problems one can have with trucking. But these are well-
intentioned, hard-working people. They are an important part of our
economy, and we need to have free-flowing trade that benefits both
countries, all countries in a way of which we can be proud.
If we find a problem, fix it. But to just say no, we are going to
stop it after 14 years of planning and preparation because some
people--I don't know--don't want the competition? This is not an
immigration issue. This is a transportation issue. We can do this. We
can do it sensibly. But we should defeat the Dorgan amendment. We
should allow the pilot program to go forward and make sure it is done
properly.
Mr. President, I suggest the absence of a quorum.
The PRESIDING OFFICER (Mr. Menendez). The clerk will call the roll.
The legislative clerk proceeded to call the roll.
Mr. LAUTENBERG. Mr. President, I ask unanimous consent that the order
for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
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