Why Are Unsafe Trucks Waved Across Border onto US Roads?

by Jana Ritter - Published: 9/27/2013

Regulators determined to let Mexican trucks on U.S. roads under a trade deal have downplayed safety shortcomings with companies in a border-crossing pilot program, according to safety, trucking and labor groups.

Border protest

Trucking authorities violated their own rules by letting one company keep operating over the border after its safety rating was lowered, and overlooked other carriers’ failures to disclose affiliations with unsafe operators, according to protests filed with the U.S. government by advocates, trade groups and the International Brotherhood of Teamsters union. “They need these companies, they need the numbers,” said Fred McLuckie, director of federal legislation and regulation for the Teamsters, which unsuccessfully sued to stop regulators from allowing Mexican trucks. “They’re looking the other way.”

President Barack Obama and Mexican President Felipe Calderon signed an agreement in March 2011 to end $2.4 billion in Mexican tariffs on U.S. products, in exchange for opening the border to Mexican trucks meeting American safety and environmental regulations. The tariffs were imposed after the U.S. canceled a previous program to allow Mexican trucks. Mexican companies allowed into the U.S. under the latest agreement have been cited for thousands of violations, records show.

One truck belonging to GCC Transporte SA de CV, the company that's crossed the border most often, was stopped for violations 18 times between August 2012 and August 2013. It was found to have defective or missing axle parts, brake defects, a cracked frame, inoperative signals, oil and grease leaks, non-working lights, windshield-wiper defects and a tire- tread separation. Servicio de Transporte Internacional y Local SA de CV, the Mexican company that's been inspected the most, was cited for 44 violations on a single day — July 31, 2013. Citations included tire separations and leaks, oil and grease leaks, inoperative signals and a brake-compressor violation.

Its driver-fitness score of 99.2 percent indicates fewer than 1 percent of U.S. carriers have worse records. Almost all of the violations are for drivers who aren't fluent in English, according to government records. Mexican drivers must be able to read and speak English well enough to understand U.S. highway signs and signals, respond to official inquiries and fill out regulatory reports, according to an April 13, 2011, Federal Register notice. U.S. truck and bus drivers have similar requirements.

The U.S. Federal Motor Carrier Safety Administration, which regulates truck and bus safety, set up a pilot program to help determine whether Mexican companies met the agreement's requirements. It estimated in 2011 it would need 46 participants to generate enough inspection data to show the Mexican industry was safe enough to fully open U.S. roadways.

Almost two years into the three-year border-crossing test, which stemmed from the 1994 North American Free Trade Agreement, only 13 companies are participating.

Opponents of Mexican trucks are making “a ridiculous attempt” to impede the pilot program because they don’t want the border opened, said Porter Corn, a veteran U.S. driver who lives in Mexico and publishes the website Mexico Trucker Online.

The owner-operators and Teamsters lost legal challenges to the program in April. The U.S. Court of Appeals in Washington ruled Congress decided Mexican truckers with valid commercial licenses were qualified to drive on U.S. roads, the court ruled.