Broken pact; Mexico expected to ban U.S. truck drivers

LAREDO MORNING TIMES ^ | 12/21/2007 | ASHLEY RICHARDS

[SwinneySwitch]

Retaliation is expected by the Mexican government in response to a decision this week by the U.S. Congress to stop the cross-border trucking pilot program for long-haul Mexican transport companies.A provision included in the all-inclusive omnibus spending bill passed Wednesday cuts funding for the pilot program that began in September. It was an attempt to test a stipulation that is required by the North American Free Trade Agreement that has not yet been implemented.

The year-long program planned to allow up to 100 Mexican trucking companies to travel throughout the United States instead of being limited to the 20- to 25-mile border commercial zones. The same number of U.S. trucking companies are allowed, for the first time, to make deliveries throughout Mexico.

During a phone conference Thursday, Sen. John Cornyn, R-Texas, said he believes that with appropriate safety measures in place to support cross-border trucking, the pilot program was a move toward improving trade and, in turn, the Mexican economy.

"I think we've done ourselves some harm," Cornyn said. "If it's a treaty obligation with the United States, it's the law."

Cornyn said in recent conversations with other officials he has heard that retaliation from Mexico is expected because the United States failed to hold up its end of the bargain.

U.S. Rep. Henry Cuellar, D-Laredo, said this now starts a "pull and tug between the two countries."

"I think if the Mexicans are not allowed to come into the U.S. then I can see definitely the Mexicans are going to do the same to Americans," Cuellar said.

Because of NAFTA, Cuellar said it is a program that must eventually establish permanently.

"A treaty will take precedent to some of the things that Congress might want to do with this," Cuellar said.

Highway safety is the top reason cited by pilot program opponents. When the first Mexican trucks began crossing the border, Teamsters protested in Laredo and elsewhere.

Leslie Miller, spokeswoman for the International Brotherhood of Teamsters, said the organization is "ecstatic" about Congress' decision.

"Personally, I hear from a lot of Teamster truck drivers who view the drivers from Mexico as very unsafe," Miller said. "We don't think the Federal Motor Carriers Safety Administration has the ability right now to make sure that safety is enforced."

The safety administration said when it launched the program all Mexican trucking companies were required to pass rigorous tests, including drug and alcohol tests for drivers. The drivers are also held to the same hours of service standards that U.S. drivers must follow and each truck is inspected when it crosses the border, FMCSA said.

A study completed by the Owner-Operator Independent Drivers Association, which Miller said has joined with the Teamsters, conducted a study from September 2006 to September 2007, the year preceding the pilot program. The study identified that Mexican trucks had 1,700 safety violations, Miller said.

"We'd like to see NAFTA repealed," Miller said. "Just because we have a so-called agreement doesn't mean that Mexican companies can come to our country and break our law.

"It (NAFTA) has nothing to do with Mexican truck drivers," she added. "In our view, NAFTA isn't about trade. NAFTA's about cheap labor."

According to the Federal Motor Carriers Safety Administration, 55 Mexican trucks from 10 different companies have received clearance to operate in the United States. Four U.S. companies with a total of 41 trucks are cleared to travel into Mexico.

There are dozens more on the list, said Melissa DeLaney, spokeswoman for the FMCSA, but the Mexican companies are first strictly evaluated and must activate insurance through a U.S. carrier.

DeLaney said the department is evaluating the situation for cross-border trucking.

"We're trying to figure out what those next steps will be," DeLaney said.

Cuellar said there may be the potential to "shift dollars around" to continue the program.

"The administration could find another way of doing this," Cuellar said.

If not, cross-border trucking for Mexican companies is at a standstill for a year, he said.

"This is a tactic that they use," Cuellar said. "If the Congress is not happy with something and they can't change the law … they say, ‘OK, the law's there but we're not going to fund it.'"

While Cuellar and Cornyn voted in favor of the omnibus bill, they agreed that with all-inclusive spending legislation, not everything in there is favorable to a single legislator.

"The omnibus had some things in it that I found objectionable," Cornyn said. "But I'm not sure that can ever be the standard by which all appropriations are determined because invariably there's going to be something in an appropriation bill … that is a must-pass bit of legislation."

(Ashley Richards may be reached at 728-2538 or by e-mail at ashley@lmtonline.com)

[hinckley buzzard]

Aside from a handfull of owner operators I wish them lots of luck finding American drivers who go to mexico.

Personally I could not imagine investing all that money in a big rig and then taking it into Mexico. Between the thieves, hijackers, drug thugs and federales, the risk is just too high. And I can imagine the insurance costs.

[norton]

Added:
It's been only a short time [3 years?] since mexican drivers tried to form a union just to gain leverage on the LA/LB harbor traffic. At one point they were parking their rigs just off the 710 intending to reduce movement of goods...
went flat.
Bad pun.

[Ben Ficklin]

Where is J. Edgar Hoover when you need him?

[nicmarlo]

Still watching over folks like you.

[hoosierham]

I have been opposed to NAFTA and the like from the beginning but our government has sold out the American citizen in favor of corporate profits and political kickbacks.

AMERICANS CAN WIN IF THE PLAYING FIELD IS FAIR,BUT NOT WHEN THE DECK IS STACKED.

The Constitution refers to Treaties as one way something becomes supreme law of the land and our Senators have approved way too many treaties.

The U.S. of A. must withdraw from unreasonable agreements and treaties.

Could we really be any worse off in a "trade war" than now,since we send trillions of dollars for oil to people who hate us and are actively working to destroy our nation;plus trillions to Communist China for everything from toys to electronics ,the profit of which is being used to build a huge military?

[nicmarlo]

Though they like to say that NAFTA is a treaty, it isn't. It's just a law. And because it's just a law, they could EASILY repeal it or pass a new law. But there's too many traitors in the Senate and House who are getting their pockets lined by foreign interests, lobbyists, and graft.

Note that the House vote was 234-200 and the Senate vote was 61-38. A treaty requires no House concurrence but does require the concurrence of two-thirds of the Senators "present." [U.S. Constitution - Article II; Section 2]. Two-thirds of the Senate present for the NAFTA vote did not concur. The Bill was passed but no treaty was authorized.

NAFTA is not a treaty.

"As law but not treaty, NAFTA can be altered or repealed with the simple passage of another law. So, when a Congress critter says that their hands are tied, that they are "bound" by NAFTA, it's likely a disingenuous argument. However, in the case that they are speaking out of ignorance, that they actually believe that NAFTA is a not easily altered treaty, then they should be reminded that NAFTA is simply law and that they have the power to create or change laws."

[Credit and thanks given to Colorado Buckeye for this information.]

U.S. Senate Roll Call Votes 103^rd Congress - 1^st Session

As compiled through Senate LIS by the Senate Bill Clerk under the direction of the Secretary of the Senate Vote Summary

Question: On Passage of the Bill (H.R.3450)
Vote Number:	395	Vote Date:	November 20, 1993, 07:28 PM
Required For Majority:	1/2	Vote Result:	Bill Passed
Measure Number:	H.R. 3450
Measure Title:	A bill to implement the North American Free Trade Agreement.

Vote Counts:	YEAs	61
	NAYs	38
	Not Voting	1

[Ben Ficklin]

No, he is dead. What you are trying to say is that the “self-annointed” are carrying on.

[nicmarlo]

No, not self-annointed, those who are loyal and patriotic are carrying on in the spirit of his and all those before him who fought for and died for this country so that traitors, like you, could never, ever, take it over.

[Kimberly GG]

“Did we sign away our country for NAFTA?”

Looks that way and the ONE Republican Candidate to put a stop to this nonsense is DUNCAN HUNTER.

[Ben Ficklin]

You've identified the problem that the self-annointed have faced thru-out civilization.

Are you going to go with him because of his strong stance on the pinkos or against him because of his "wide stance" on homosexuality?

[Exit148]

So what happens to the highway? Kaput, too? (I hope I hope)

[Ron H.]

John Cornyn has lost all credibility.

Precisely, he has since at least 2004 been more concerned with how Mexico and his big corporate sponsors fares than he does about his own constituents and we American citizens. I never trust the man when it comes to defending America and its best interests as he tries to sell us out when he thinks we're not watching.

[sheana]

Cuellar is part of the ‘No Mexican left behind’ bureacracy.

[Niteflyr]

My mother drives for Schneider and she’s telling me right now from my living room that Schneider hasn’t been allowed into mexico for many years. They have a big transfer point in Laredo but the trucks don’t cross the border because they’re too expensive to replace.

But I thought Mexico was our friend??...(heavy sarc.)

[ding_dong_daddy_from_dumas]

I am not worried so much about the trucks themselves, although "our" government seems not to be able to find its *ss with both hands when it comes to enforcing trade violations committed by Mexico and other countries.

The greater problem is that Mexico does not keep track of driver records. Therefore, even if "our" government wanted to check driver records, that would be impossible.

Furthermore, corruption in Mexico is so rampant that we could never be confident that their drivers' documents (which, in a country that had its sh** together, could be linked to criminal records) matched the persons bearing them. Even if they use fingerprints, the person they fingerprint may not be who they think.

But don't worry! The Bush administration will go ahead with the program, even though it's not supposed to have funds from congress. Even if an administration that cares about its citizens succeeds Bush, it will have too much momentum by that time, and the courts and other powers will make sure it continues.