1. North American Free Trade Agreement
BORDER OPENING STATUS
Kirk Davenport (TX)
IFTA Managers’ and Law Enforcement Seminar
September 12-14, 2007
Mesa, Arizona

2. NAFTA Demonstration Project
Announced February 23, 2007
Up to 100 Mexican carriers to be approved
Up to 100 US carriers to be approved
Authority good for one year from the date the first provisional operating authority is issued

3. NAFTA Demonstration Project
First Pre-Authorization Safety Audits (PASA) or Inspections
Carrier required to obtain insurance from US-based company
Projected first authorities would be granted in 60 days
Few details provided regarding the process for selecting Mexico-domiciled carriers, number of vehicles, security for hazmat operations, or oversight and review of the demonstration project

4. Reaction to Demonstration Project
Congressional reaction swift
Senate scheduled hearings March 8
House scheduled hearing March 13
Lawsuit seeking an injunction of cross-border program April 23
Owner-Operator Independent Drivers Association
Sierra Club
Public Citizen
Environmental Law Foundation
International Brotherhood of Teamsters
Brotherhood of Teamsters Auto and Truck Drivers Local 70

5. NAFTA Senate Hearing
Senate Appropriations Subcommittee on Transportation, Housing, & Urban Development
Secretary of Transportation Mary Peters
FMCSA Administrator John Hill
Related Federal Agencies
Transportation Organizations
Public Citizen
Teamsters Union
Resulted in proposal to prohibit FMCSA to spend appropriated money to implement Demonstration Project

6. NAFTA House Hearing
House Transportation and Infrastructure Subcommittee on Highways and Transit
DOT Inspector General asked to:
Investigate what checks are in place to ensure Mexican drivers are in compliance with U.S. hours-of-service laws, both while operating in the U.S. and prior to reaching the border;

7. Determine what oversight and control measures are in place to ensure that the Mexican carriers’ drug and alcohol testing programs are at least equivalent to the U.S. testing regime;
Identify the process by which carriers participating in the demonstration project obtain insurance issued by a U.S. company, and any challenges to such efforts; and
Report any problems with inaccurate or incomplete data on vehicles and drivers submitted by Mexico-domiciled motor carriers to DOT.

8. Safe American Roads Act (HR 1773)
Introduced March 29 – Passed by House May 15
Number of Mexico-domiciled trucks used in the Demonstration Program limited to 1,000
Requires program to be in place for US-domiciled carriers to operate beyond commercial zone in Mexico
Requires DOT Inspector General to verify mechanisms in place to apply US safety law and regulations to Mexico-based carriers
Requires Secretary of Transportation to publish demonstration project in Federal Register seeking public comment (published May 1, comment period ends May 31)

9. Establishment of independent review panel to monitor and evaluate the demonstration project
DOT Inspector General to report to Congress no later than 12 months after beginning of demonstration project
Secretary may carry out demonstration program
for no more than 3 years
Terminates demonstration project if all provisions
of the Safe American Road Act are not followed

10. NAFTA Trucking Safety Act (HR 1756)
Introduced March 29 – Referred to Subcommittee on Immigration, Citizenship, Refugees, Border Security and International Law
Publish list of FMCSA regulations & how Mexican carriers, trucks, & drivers will be required to comply
Publish list of enforcement tools & conditions required by law available to federal & state motor carrier safety enforcement personnel

11. Implement plan with Homeland Security to monitor and enforce immigration and customs regulations
Law enforcement access to driver, criminal and
security data
DOT Inspector General must verify independently compliance with 22 Congressional requirements
Plan to enforce English language proficiency

12. NAFTA Border State Readiness
Each border state ready to receive applications for IRP & IFTA credentials
Training session presented in Monterrey and Mexico City for SCT personnel
Training sessions for Mexican carriers have been conducted at four US border cites

13. NAFTA Border State Readiness
FMCSA has funded extra positions in each border state
Question whether funding will expire before team is allowed to play a game