Upon learning of the DC Court of Appeals refusal to grant a rehearing before the full nine member panel of the DC Circuit, The International Brotherhood of Teamsters issued a press release that took none of us by surprise.
Teamsters still questions Mexican truck safety is the title of the presser and as we’ve come to expect, most of what is said couldn’t be further from the truth.
Teamsters claim that the court in it’s decision Friday issued an amended decision that used an alternative basis for its ruling that Mexico-domiciled trucks do not have to comply with certain federal safety certification requirements. Nothing in the amended decision suggests Mexican trucks are safe.
TRUTH: The Court never said that Mexican trucks do not have to meet Federal Safety Certification standards. The court dismissed Teamsters arguments concerning a FHWA sticker of compliance citing that requirement only pertains to trucks imported into the United States for sale or resale.
Citing a report issued by the USDOT Inspector General issued in 2012 when the program was gearing up and only had 4 participants, Teamster continue to whine whether there are enough carriers in the pilot program to reach a reliable conclusion about the likely impact of Mexican trucks on U.S. highway safety. As of today, there are 13 carriers with 46 trucks who have undergone 1,605 inspections. They have an amazing Out of Service (OOS) rate of 7.90% for the vehicles and a driver OOS rate of 0.60%. Are the Mexican trucks unsafe as Hoffa claims? With those numbers which are decidedly lower than US national averages, the question answers itself.
At this point they ran out of steam and resorted to using bogus and factually incorrect comments they made against an applicant into the cross border program.
Teamsters claimed that:
Two Mexican carriers created a new affiliate to disguise an abysmal safety record; that was not disclose to FMCSA, but the agency nevertheless allowed the affiliate to participate in the pilot program. TRUTH: No Mexican carriers or applicants to the program have attempted any such deceptive subterfuge.
FMCSA allowed two Mexican carriers to continue in the pilot program even though they received a less-than-satisfactory rating in their safety compliance review. TRUTH: One Mexican carrier received a less than satisfactory rating and was allowed to correct the deficiencies and submit to another compliance review which resulted in a satisfactory rating. This is the same protocol allowed for all motor carriers in the United States.
FMCSA promised two years ago that it would conduct a peer review to evaluate the design of the pilot program. It has yet to do so. TRUTH: FMCSA conducted the Peer Review on November 11, 2011 and posted it on their website for public access on July 6, 2013. The LINK IS HERE!
We expected no less from James Hoffa and his Teamsters and we were not disappointed.
* US Vehicle OOS National Average is 20.72%
** US Driver OOS National Average is 5.51%
35 years in the trucking business and living in Mexico for the past 15 years, make me uniquely qualified to offer my insight and opinion into the Mexican trucking industry and other border issues. A contributor to SiriuxXM Road Dog Channel 106 and to the award winning Lockridge Report, Mexico Trucker Online continues to publish the unvarnished truth about the subjects we cover.