The FMCSA, this week, published in the Federal Register, it’s decision to accept the Norma Oficial Mexicana (NOM) or Official Mexican Standard) concerning the periodic inspection (PI) of commercial vehicles (CMV’s).
FMCSA reviewed NOM-068-SCT-2-2014 (NOM68) and determined that it should be added to the list of programs which are compatible to, or as effective as, the Federal PI requirements contained in FMCSA regulations 49 CFR part 396. This is similar to the action FMCSA did back in 1994 when it recognized the Mexican Licencia Federal as the equivalent to the U.S CDL.
This action today is certain to cause howls of protest to come from the ivory towers in Grain Valley Missouri and Chicago Illinois as the Teamster’s and OOIA beat feet to the nearest Federal courthouse to file another baseless and frivolous lawsuit against this commonsense action.
Contrary to what you’ll be told, this will not allow unsafe Mexican trucks on U.S. highways. Instead, it acknowledges that Mexico’s commercial vehicle inspection procedures are equal to those mandated by the FMCSA.
FMCSA’s acceptance of NOM-68 means that Mexico domiciled motor carrier operating in the United States, must ensure all their CMV’s are inspected annually as required by the SCT, Mexico’s equivalent of the FMCSA. The motor carrier must retain a copy of the inspection report in the vehicle and a sticker or decal must be affixed to the vehicle in order to satisfy the PI requirements in the United States. This simply does away with the redundancy of requiring the Mexican carriers to undergo an annual vehicle inspection in both countries. We are extending the same courtesy to Mexico as we do to Canada.
This action is effective on March 16, 2016, the date of publication in the Federal Register.
Now then, we know that Jim Johnston and Todd Spencer of OOIDA and Jimmy Hoffa of the Teamsters are going to be screaming that Mexico’s inspection protocol is a joke, if it exists at all, and as usual, it will be nothing more than their blustery distortion of the truth, something they’re very experienced doing.
NOM-68, as published, requires all Mexican motor carriers to take their units to an SCT approved inspection facility. No longer will the carrier be allowed to let their employees conduct the inspections, have the inspections done at a commercial garage or rely on passing a roadside CVSA inspection to comply with 49 CFR part 396, APPENDIX G, concerning periodic inspections.
NOM-68 is organized into 79 sections covering each of the 13 areas in APPENDIX G. In some instances, NOM-68 covers the requirements in greater detail and also covers equipment which is not addressed and therefore not required to be inspected.