Cross Border Program to continue
Posted on Dec 27, 2007 - 8:20pm by Porter Corn in NAFTA, Politics, Trucking
President Bush signed the $555 Omnibus Spending bill despite misgivings about the record 9000 special earmarks included. Included in the bill was a small paragraph that opponents of the program celebrated as the end to the cross border program.
Moments later, FMCSA issued a press release making known their intent to carry forward with program.
FMCSA made it clear they were following the wording of the amendment which stated:
“None of the funds made available under this Act may be used to establish a cross-border motor carrier demonstration program to allow Mexico-domiciled motor carriers to operate beyond the commercial zones along the international border between the United States and Mexico.”
That was it. The amendment in it’s entirety and FMCSA has promised not to establish any more Demonstration Programs with Mexico in FY2008, bless their little pea pickin hearts.
And as expected, the folks at OOIDA, Public Citizen and the Teamsters were busy scrambling for the Tums and calling their lawyers, promising to pursue the issue vigorously in the courts.
Teamster, OOIDA and the Sierra Club have pending legislation before the 9th Circuit in San Francisco. Oral arguments are expected in the first quarter of 2008.
I believe we’ll see this program play out to it’s one year conclusion. Based on my research, which is continually validated as events play out, the lawsuit lacks merit and FMCSA position seems well documented and strong.
To date, we have not seen a mad dash as Mexican carriers “invade” America. We’ve seen carriers from Mexico servicing their Mexican customers and contracts without interfering with the American transportation industry.
There have been no reports of accidents nor incidents with this group of trucks nor do I expect any. Come to think of it, you don’t hear of any major problems with the other800 + companies who have been exempted from the 1982 moratorium. That’s more than 25 years. An impressive accomplishment.
So what are we looking at as 2008 comes into focus?
Most certainly, the opposition will be filing frivolous requests for “Emergency Relief”, for which I predict, they will be unsuccesful.
The Teamsters and Public Citizen will continue to publish their denunciations of the program, making certain to preface any reference to a Mexican truck with an adjective such as “dangerous” or “illegal”, neither of which is relevant.
OOIDA will continue to use this issue to bolster their membership, preying on peoples ignorance, fear and prejudices to accomplish their goal
The issue will continue through September to it’s conclusion, and based on the performance of these carriers to date, there will be no reason not to grant them permanent operating authority.
And we can expect a firestorm from the opposition when the decision is announced. The opposition will publish facts and statistics, with no basis in fact, to push for revocation of the Mexican carriers authority, and we’ll be a month from the Presidential election.
2008 is looking to be an exciting year in the industry as we all try to keep our heads above water. I think the issue of Mexican trucks will fast become a non-issue as people tire of hearing the same old BS.
House Votes to terminate Mexican Cross Border Pilot Program
First certified carrier crosses border to initiate Demonstration program
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I thought it was kind of funny, Teamsters and OOIDA were saying Hooray! then oops. Even I thought the wording was odd when I first heard of it. They can stop calling it a demo program and it will continue on.
Such a waste of time and money from the opposition when American trucking has so many other more important issues to deal with.
I have said from the moment the amendment was introduced and made public that the word “establish” would be the key to the continuance of the program.
The author of the amendment, Sen Dorgan, calls the wording “unambiguous” but a sane and rational person can read the words and come to the same conclusion.
I’m with you Wayne. We have so many issues facing the trucking community that have nothing to do with Mexico and everything to do with our very survival in the business.
Melissa Delaney of FMCSA was correct in one of her statements recently. “There is no requirement for a demonstration program”! And she is correct. Nowhere is it written. All the President would have to do is lift the moratorium on Mexican trucks as was done for the Canadians and the issue is solved.
And strange to me also is the fact that the opposition does not seem to have a problem with the 850-1300 Mexican carriers allowed here under exemption or special needs. Simply these 11 carriers from Mexico.
It ain’t got nothing to do with safety! That has become increasingly apparent