Witch hunt against Mexican carrier by OOIDA returns minor violation of leasing regs.

Grupo Behr
Outside his company’s warehouse in Otay Mesa, truck driver Jorge Villanueva inspected his 24-foot GMC on Wednesday. The bobtail box-truck is operated by Tijuana-based Grupo Behr, which has applied to participate in a pilot program that allows Mexican truckers to make deliveries across the United States. / Photo by Nelvin C. Cepeda * U-T
Grupo Behr, the Mexican carrier who was the first victim of OOIDA’s campaign of propaganda and misinformation, has allegedly been found to be in violation of  leasing statutes in Section 219 of the 1999 Motor Carrier Safety Improvement Act, according to William Quade assistant administrator for FMCSA’s  Enforcement and Compliance division.

Section 219 of the 1999 Motor Carrier Safety Improvement Act was intended to end the ability for a Mexican carrier to lease trucks and drivers to a U.S.carrier for operations beyond the authority the Mexican carrier could get clearance for on its own. That ability was for commercial zone authority commonly referred to as OP-2 authority.

FMCSA  issued a notice to Grupo Behr, whose headquarters are in Tijuana Baja California for violating Section 219, but FMCSA chose  not to  pursue civil penalties. “Our preliminary decision is to monitor the situation for six months to consider whether we should allow them into the program,” Quade added.

Grupo Behr successfully completed their PASA last year but approval to participate in the program was put on hold after  OOIDA erroneously claimed that Grupo Behr would be operating pre- 1995 semi’s and straight truck in the project.

MTO spoke to a representative of Grupo Behr who said that critics’ accusations about lax safety standards are unfounded and erroneous.

Roberto García de León, managing partner of Grupo Behr said, “They’re accusing us about vehicles that we haven’t even enrolled in the program,”  a fact MTO uncovered  shortly after OOIDA made their outrageous and totally false claims again GB.

Grupo Behr also participated in the 2007 pilot program successfully. Currently, under CSA, their SMS scores are consistent or slightly below the US national average. 21% out of service for equipment and 3% OOS for drivers.

 
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