I thank you for this opportunity to
be in your company today to discuss the global problem of road
safety. The United States, being a member of the 1992 North
American Free Trade Agreement (NAFTA), has committed itself to
economic integration with both Canada and Mexico. Consequently,
American highways have become one of the many stages in which free
trade has manifested itself.
When the trilateral NAFTA economic
agreement entered into effect on January 1, 1994, the goal was a
gradual phase out of economic barriers and ultimately the
achievement of "free trade" between the three North
American neighbors. In the transportation area, NAFTA established
the liberalization of cross-border motor carriers by setting up a
timetable for granting motor carriers access to their partners'
marketplace. December 18, 1995 was the agreed upon date for the
United States to open its borders to Mexican motor carriers.
However, the United State's
Department of Transportation (DOT) refused to authorize Mexican
motor carriers to deliver cross-border shipments beyond commercial
zones past the December 18th deadline. Arguing that Mexico's
regulatory safety inspections were inadequate to guarantee
compliance with American safety standards, the United States
prevented the liberalization of motor carrier access.
In response, a NAFTA arbitral panel
was established at Mexico's request to review the matter. The
Panel unanimously determined on February 2001 that the United
States was in breach of its obligations under NAFTA because the
less stringent Mexican truck safety inspection system inadequately
justified the complete denial of access of Mexican motor carriers
to the U.S. market. Nevertheless, the Panel did recognize Mexico's
less stringent safety inspection system as a justification for a
more comprehensive application process that ensured compliance
with American safety standards.
Since the Arbitration Panel
decision, the American border has been opened to Mexican motor
carriers on a case by case basis. Mexican motor carriers applying
for access beyond the U.S.-Mexico commercial zone must meet
stringent safety requirements established by the U.S. Department
of Transportation to be authorized to operate in the United
States.
Despite this, public concern
persists in regards to the safety of sharing American roads with
Mexican motor carriers. Resistance to opening the U.S.-Mexico
border to Mexican carriers undermines the basic NAFTA principal of
creating an integrated North American economic community which
inevitably hinders advancement toward this goal. New policy
solutions must be developed to address public safety concerns
while at the same time honoring our commitment to NAFTA.
Currently, Mexican cross-border
carriers are subject to the same federal transportation standards
as domestic carriers. However, federal regulations are established
as the minimum domestic carriers must satisfy since they are also
subject to state regulations that can equal or exceed federal
standards. Requiring Mexican motor carriers to also comply with
border state requirements would elevate their safety level to that
of American carriers.
State requirements for the issuance
of commercial driver's licenses should be made applicable to
Mexican motor carriers soliciting admission into the American
marketplace. In addition to the federal drug and alcohol exams
required of Mexican drivers, comprehensive medical examinations
should be incorporated as a requirement, as states require of
American carriers. Such a requirement would help evaluate the
physical ability of a Mexican driver to operate a carrier in
American roads.
Additionally, certain harmonization
must take place to establish common regulations between the two
trade partners as a means of facilitating enforcement and
compliance. The same hours of service regulation should be adopted
by the United States and Mexico as their carriers will be
operating within the same environment their behavior should
coincide for safety purposes.
Compliance with American traffic
regulations must also be required of Mexican cross-border carriers
as they will be subject to these regulations when operating in the
United States. Training programs to inform Mexican drivers of
American traffic laws are necessary for the preservation of the
integrity of road safety after the addition of Mexican motor
carriers to American highways. Similarly, a minimum knowledge of
the English language becomes essential for comprehending road side
information that may be encounter during operation within the
United States. To ensure that drivers have this knowledge, a
comprehensive examination on American traffic laws and the
necessary mastery of the English language should be issued in
Mexico and satisfactorily passed by Mexican carrier drivers prior
to gaining cross-border access. By establishing these
requirements, Mexican drivers will be able to comply with American
traffic standards without jeopardizing the safety of other
drivers.
Furthermore, since September 11th,
2001, American security has become a national safety issue as
well. Granting Mexican motor carriers access to the American
market may be considered a security threat because of the
introduction of a foreign vehicle into the nation. Fear of
terrorism should not interfere with North America's progress
towards achieving free trade. By combining safety and security
principals, inspections of Mexican cross-border carriers by both
Mexican and American authorities can prevent the introduction of
terrorist or terrorist material into American territory. In
addition, at the private level, Mexican companies operating in the
United States should be trained in regards to the terrorist threat
being faced by the U.S. and their role as potential agents. Steps
at the company level such as employee background checks, and cargo
and client clearances can serve to prevent involuntary company
involvement with terrorism. In order to continue our journey
towards free trade, terrorist security threats must be removed as
an obstacle for granting access of Mexican motor carriers to the
United States through the enforcement of security measures at
multiple levels.
Advancing the NAFTA spirit of free
trade through the opening of American roads to Mexican motor
carriers inevitably complicated the preservation of road safety by
introducing a new variable -- the Mexican driver. The issue of
road safety is of concern to every person on the road including
Mexican cross-border drivers. It is beneficial to preserve the
integrity of American road safety standards by holding these new
drivers operating in American roads to the same standards American
carrier drivers must meet. Progress made towards free trade must
not necessarily come at the expense of American safety standards.
Our trading partners should be required to elevate their standards
to equal our own so as not to compromise the American quality of
life.1
1Special thanks to
Adriana Payan, a student at UCLA, who is a spring intern with the
United States - Mexico Chamber of Commerce for her research and
writing on this article.
Charles Cervantes is director of
Privacy and Legal of the U.S. Mexico Chamber of Commerce