As has been reported extensively and with neutrality in the majority of the trucking trade journals, two Mexican motor carriers who applied for participation in the Federal Motor Carrier Safety Administration’s cross-border trucking pilot program with Mexico were denied entrance due to a failed safety audit.
Transportes Mor SA de CV and Adriana Leon Amaro both failed the part of the audit dealing with implementing a drug and alcohol testing program that complies with U.S. regulations. When the audits for these to applicants got to that point, the PASA was concluded and went no further.
Is this a reflection on Mexican carriers in general and their fitness to operate in this country? Not at all. This is simply two applicants who didn’t have their ducks in a row before submitting themselves to the scrutiny of the PASA.
TO date, 10 carriers have been approved for participation in the program with 4 of those carriers earning permanent operating authority due to their participation in the previous cross border demonstration program and passing a compliance review.
On March 27, 2013, TRANSPORTES MONTEBLANCO SA DE CV was issued a Notice of Conditional Rating and Order of Proposed Revocation citing 7 violations.
Specifically, the company was found to be deficient in the following areas:
- 49 CFR § 391.23(a) – Failing to investigate driver’s background
- 49 CFR § 391.23(e)(1) – Failing to investigate the driver’s alcohol and controlled substances history for the previous 3 years.
- 49 CFR § 395.3(a)(1) – Requiring or permitting a property-carrying commercial motor vehicle driver to drive more than 11 hours
- 49 CFR § 395.3(a)(2)- Requiring or permitting a property-carrying commercial motor vehicle driver to drive after the end of the 14thhour after coming on duty (critical)
- 49 CFR § 395.8(j)(2) – Failing to obtain from driver used for the first time or intermittently, a signed statement giving the total time on duty during the preceding 7 days and time at which last relieved from duty
- 49 CFR § 396.3(b)(1) – Failing to keep a maintenance record which identifies the vehicle,including make, serial number, year, and tire size
- 49 CFR § 396.9(d)(3) – Failing to maintain completed inspection form for 12 months from the date of inspection at the carrier’s principal place of business
If a Mexico-domiciled motor carrier with Provisional Operating Authority is assigned a “Conditional” rating following a compliance review, the Federal Motor Carrier Safety Administration (FMCSA) will revoke the motor carrier’s Provisional Operating Authority in 30 days unless within 10 days the motor carrier demonstrates that the compliance review contains a material error; or within 30 days, the motor carrier submits adequate evidence of necessary corrective actions.
If FMCSA revokes the Provisional Operating Authority, the motor carrier is then prohibited from operating in the United States beyond the U.S. municipalities and commercial zones on the U.S. Mexico border.
The deadline for this carrier to respond with proof of corrective action is April 27, 2013. We’ll be watching this one.
My readers should take note of these actions against these three carriers as they prove what we’ve been saying all along and totally contradicts the propaganda and lies being put forth by the likes of Todd Spencer.
The Mexican carriers in this program or not being given “waivers” of compliance with our rules and regulations. The Mexican carriers are being held to a much higher standard and enduring closer scrutiny than U. S. or Canadian carriers. The Mexican are receiving no special treatment whatsoever from FMCSA.
This post is part of the thread: Mexico Cross Border Pilot Program – an ongoing story on this site. View the thread timeline for more context on this post.