Cross-border truckingLawmakers question DHS on lack of regulations for Mexican truck program

The cross-border trucking pilot program with Mexico is entering its sixth week and DHS has yet to issue official enforcement guidelines to law enforcement agencies.

Under Section 703 of the Safe Port Act of 2006, DHS was required to issue procedures to local, state, and federal law enforcement agencies on how to spot noncompliant trucks or companies.

In a letter to DHS Secretary Janet Napolitano, Representatives Pete King (R – New York), the chairman of the House Homeland Security Committee, and Candice Miller (R - Michigan), the head of the Subcommittee on Border and Maritime Security, demandedto know why the agency has yet to comply with the 2006 law.

“Given the numerous regulations and strict oversight your department places over our domestic trucking industry, we would hope that your department would take an equally active role in foreign carriers operating within the United States,” the two wrote.

The act was designed to expedite commerce between the United States and Mexico by making it easier for trucking companies to get their vehicles through check points. The pilot program, which began on 18 October, allows companies that meet certain criteria to have long-haul truckers deliver cargo from Mexico into the United States.

The two representatives noted the need to facilitate commerce, but worried that without the proper safety guidelines in place it could create a “security and safety issue.”

“Therefore, we want to make certain that the department is taking all precautions and steps necessary to ensure that we are properly and thoroughly vetting the trucks and drivers entering this country, and providing necessary guidance to our federal, state and local partners who will encounter these trucks in their various jurisdictions during the course of their duties,” they said.

Laura O’Neill, the director of Government Affairs for the Owner-Operator Independent Drivers Association (OOIDA), welcomed the two representatives’ letter.

“We are encouraged that the Homeland Security Committee is taking the initiative to follow up on the status of the guidelines Congress called for years ago,” O’Neill said. “With the rate at which they’re forging ahead with this program, one would think the DHS would be working in lockstep with DOT to determine how enforcement should work. Unfortunately, it’s open the border first, regulate later.” 

So far only one Mexican trucking company, Transportes Olympic, has been approved for the pilot program, and on Monday, a second carrier, Moises Alvarez Perez, just passed its pre-authority safety audit.