fmcsa border issues tbwg meeting montreal, quebec october 24-25, 2007 milt schmidt federal motor...
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FMCSA Border Issues
TBWG MeetingMontreal, Quebec
October 24-25, 2007
Milt SchmidtFederal Motor Carrier Safety
Administration (MC-ESB)400 7th Street, S.W.
Washington, D.C. 20590202-366-4049
FMCSA UpdateFMCSA Update
• U.S.-Mexico Border Demonstration Project
• Canadian Issues Study
• Other U.S.-Canada Issues
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• February 22 – Mexico agrees to allow US auditors into Mexico to conduct audits
• February 23 – Secretary announces demonstration project
• 1-year project
• No Passengers/Hazardous Materials
• No Cabotage
• No Longer Combination Vehicles
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Process for MX carriers to participate– Complete application– Vetting– Pass a pre-authority safety audit (PASA)– Publish notice in FMCSA Register– Publish notice of PASA information in Federal
Register– Issue authority
• Process for US carriers to participate
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Requirements to Operate in the US (beyond commercial zone)– US safety requirements– Driver License requirements– Environmental regulations– Registration and fuel tax requirements– Vehicle manufacturing standards– DHS entry requirements– Additional requirements
• CVSA decal• PASA
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Demonstration Project Overview– Participants
• 44 passed the pre-authority safety audit (PASA)• 22 failed PASA• 157 withdrew• 166 drivers (MX)• 180 trucks (MX)
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Political Issues– Legislation May 29
• Publish notice in Federal Register (6/7/07)• Reciprocal implementation (US-MX agreement)• Inspector General Report to Congress (9/6/07)
– FMCSA has taken all appropriate actions– Three findings
• Port specific plans• State and Local outreach• Letter of the law issues (all/available, LCV, DL
check)– FMCSA Response (9/6/07)
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Political Issues– FY 2008 Appropriations Bill
• House and Senate amendments• Process
• Implementation– First Operating Authority Issued 9-6-07
• Transportes Olympia (MX) • Stagecoach Transportation (US)
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Demonstration Project Overview– Evaluation Team
• Appointed by the Secretary• Evaluate the safety impact of project
– Implements the provisions of NAFTA– All legislative requirements met
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Operational Issues– Carrier selection
• Completed application filed with FMCSA• Vetting process• Mexico requested participation
– Pre-authority safety audit– Limited operating authority
• No HM• No passengers• No LCVs• Cabotage prohibited
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Operational Issues– CVSA decal– Every Vehicle Every Time– Driver/Vehicle Inspections
• Driver License Check (100 percent)– Mexican Conviction Data Base– LIFIS
• Operating authority check• Financial responsibility
– Insurance• US licensed insurer• MCS-90• Avaiability
U.S.-Mexico Border Demonstration U.S.-Mexico Border Demonstration ProjectProject
• Operational Issues– Issuance of Operating Authority
• Must pass PASA• Notice published in FMCSA Register• Protest period (10 days)• Federal Register Notice (15 days)• Issuance of Certificate of Registration
– Required Filings with FMCSA• Insurance• Process Agent
Canadian Issues StudyCanadian Issues Study
• Canadian Issues Study - Objectives– To ensure motor carriers with cross-border operations
in Canada and the US have access to information on the requirements of operating in both countries including CMV safety regulatory variances.
– To provide the FMCSA with a comprehensive report of historical, current, and future planned FMCSA-Canada activities and initiatives.
Canadian Issues StudyCanadian Issues Study
• Canadian Issues Study - Objectives– To identify significant issues that would impact FMCSA’s ability
to work toward harmonization and reciprocal recognition of programs, policies, regulations, and standards with Transport Canada and other Canadian governmental agencies relating to CMV safety.
– To provide assistance to FMCSA in evaluating the effect of FMCSA regulatory proposals and policy initiatives on Canadian motor carriers and drivers operating in the US. Additionally, evaluate the effect of regulatory proposals and policy changes on current FMCSA initiatives with Transport Canada and other Canadian government organizations, and bi-lateral agreements with Transport Canada (including Departmental agreements).
Canadian Issues StudyCanadian Issues Study
• Canadian Issues Study – Preliminary Results− Much higher degree of inter-provincial
compatibility of requirements than any time in the history of NSC.
− Significant progress has been made to eliminate deviations at both the national and regional levels.
− Transportation of Dangerous Goods regulations harmonized between federal and provincial/territorial governments
Canadian Issues StudyCanadian Issues Study
• Canadian Issues Study – Key Issues– Reciprocity of Safety Ratings– Registration of US carriers by Canada– Data Exchange– Safety ratings do not consider cross border data– Hours of Service– Trip Inspections– Medical Reciprocity Issues– Cargo Securement Issues
Canadian Issues StudyCanadian Issues Study
• Canadian Issues Study – Key Issues– EOBR implementation– Speed Governor/Limiters– Bus PMVI-Frequency and acceptance of
CVSA decal– Variations between US Federal and State
requirements– Management of Drivers/Vehicles-
communication with carriers and enforcement
Canadian Issues StudyCanadian Issues Study
• Canadian Issues Study– Web pages– Catalog of US-Canada cooperative initiatives– Canadian industry impact analysis
Other U.S.-Canada IssuesOther U.S.-Canada Issues
• Border Enforcement Grants– $32 million for FY 2007– $21 million awarded– US-Canada Safety Rating Comparative Analysis
• University of North Dakota • Manitoba involved• Process
– Select representative sample of US compliance reviews
– Process through Manitoba safety rating system
– Compare results
Other U.S. Canada IssuesOther U.S. Canada Issues
• Medical Certificate as part of CDL– NPRM 11-16-06– Comment period ended 2-14-07
• National Registry– Establish training, testing and certification standards
for medical examiners – Provide a database of medical examiners that meet
the prescribed standards – Require medical examiners to transmit electronically
to FMCSA the name of drivers and a numerical identifier for each driver that is examined
– Expect NPRM publication in July 2007
Other U.S.-Canada IssuesOther U.S.-Canada Issues
• Financial Responsibility for Motor Carriers– ANPRM published on 12-15-06– Responds to petition from the Government of
Canada– Seeks comments on allowing evidence of
financial responsibility from Canadian insurance companies
– Seeks comments on revisions to MCS-90 involving liability while operating in Mexico
QuestionsQuestions
Milt SchmidtFederal Motor Carrier Safety Administration (MC-ESB)
400 7th Street, S.W.Washington, D.C. 20590