Los Angeles, CA
On February 6, a NAFTA dispute resolution panel ruled that the United States must end its current moratorium on considering Mexican applications for cross-border trucking privileges and must consider these applications on a case-by-case basis. Failure to do so could result in paying compensation to Mexico (in higher tariffs on goods or services going to Mexico). However, Mexican truck, bus and driver safety standards are still significantly below those in the United States, and U.S. inspection and enforcement programs are not adequate to assure the safety of American highways. Substandard safety and working condition measures jeopardize the safety of American and Mexican truck and bus drivers, as well as U.S. highways.
Studies done by the U.S. Department of Transportation's (DOT) Inspector General and the U.S. General Accounting Office (GAO) have concluded that far too many safety hazards remain unresolved, and that the United States is ill prepared to handle the massive influx of foreign traffic that would result from opening the border. A substantial majority in Congress has publicly expressed serious concerns over safety and strong opposition to implementing the NAFTA cross-border transportation provisions until these safety concerns have been effectively addressed.
The 1998 DOT report concluded that DOT "does not have a consistent enforcement program that provides reasonable assurance of the safety of Mexican trucks entering the United States. Furthermore, should the moratorium on cross-border trucking be lifted in the near term, [DOT] is not ready to reasonably enforce U.S. safety regulations on motor carriers."
DOT further reported that Mexico did not have in place: governing regulations and practices regarding hours of service; a drug and alcohol testing program; a program to conduct safety inspections of commercial vehicles at the roadside and on carrier property; a carrier/driver database with economic and vehicle licensing information; a drivers' licensing module with driver licensing data; and a safety module with accident, infraction and inspection data. Further, Mexico had not announced a time frame for implementation of a safety management oversight program for Mexican motor carriers with U.S. operating authority.
Therefore, the AFL-CIO calls on the Bush Administration and Congress to keep the border closed to unsafe truck and bus traffic until comprehensive safety standards are agreed to and enforced by both nations, comprehensive and adequately tested enforcement programs are in place, and financial resources have been committed to establish dedicated border inspection facilities and to staff them adequately with full-time personnel. We call on the Labor Department to implement a program to enforce U.S. labor standards for Mexican drivers while they are in the United States.
The safety of American highways should take precedence over the decision of an unelected and unaccountable panel of trade experts. Whatever sanctions the United States may face as a result will be a small cost to protect American lives on our highways.
The AFL-CIO and our affiliated unions will also ensure that decision-makers know of the serious safety concerns that still exist, and we will continue to ensure that union members as well as the general public are aware of the consequences of opening the border to unsafe Mexican trucks and buses.