The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“THE ``SAFE AMERICAN ROADS ACT OF 2007''” mentioning the U.S. Dept. of Transportation was published in the Extensions of Remarks section on pages E706 on March 30, 2007.
The publication is reproduced in full below:
THE ``SAFE AMERICAN ROADS ACT OF 2007''
______
HON. JAMES L. OBERSTAR
of minnesota
in the house of representatives
Thursday, March 29, 2007
Mr. OBERSTAR. Madam Speaker, I am proud to be an original co-sponsor of the ``Safe American Roads Act of 2007,'' introduced today by the gentlewoman from Kansas (Mrs. Boyda). This legislation ensures the safety of the traveling public on America's roads as our Nation seeks to honor its commitments under the North American Free Trade Agreement
(NAFTA).
Since 1995, the opening of the border between the United States and Mexico to cross-border motor vehicle traffic has been delayed due to concerns over whether opening the border would adversely impact safety on U.S. roads. While the U.S. Department of Transportation (DOT) has made considerable progress over the last decade, several unanswered questions remain about whether the necessary systems are in place today to hold Mexico-domiciled motor carriers to the same strict Federal standards that govern U.S. commercial truck operations.
It is because of these unanswered questions that we must introduce this bill. In 2001, Congress passed the FY 2002 Department of Transportation and Related Agencies Appropriations Act (Public Law 107-
87), which prohibited DOT from using funds to grant long-haul operating authority to Mexico-domiciled motor carriers until 22 safety requirements had been met. Section 350 of this Act set forth a comprehensive list of vehicle, driver, and safety management requirements, including drug and alcohol testing, hours of service, driver qualifications, vehicle specifications and maintenance, and safety management practices.
The DOT Inspector General (IG) was required to review whether the Department was prepared to comply with several of these provisions. This audit was completed, as well as several follow-up audits. However, independent certification of actual compliance with all of the conditions set forth in Section 350 was not required, and has not occurred.
It is well established that Mexican law does not require many fundamental elements of highway safety that are required for U.S. drivers. Mexican drivers are not subject to hours-of-service restrictions comparable to those governing U.S. drivers. Anecdotal evidence suggests that working hours for truck drivers in Mexico go far beyond anyone's estimate of a safe, reasonable limit. Drug and alcohol testing is also an area of concern, because Mexico does not have certified drug testing labs. To comply with U.S. regulations, drug test collection facilities in Mexico send specimens to labs in the United States for processing. Chain-of-custody issues make compliance with U.S. drug and alcohol requirements very difficult to gauge. Further, many challenges remain in implementing the requirement established in the Safe, Accountable, Flexible, Efficient Transportation Act: A Legacy for Users (SAFETEA-LU)(Public Law 109-59), that all Mexican drivers be subjected to the same rigorous criminal and security background checks that U.S. drivers undergo in order to be permitted to transport hazardous materials.
Despite these concerns, DOT has announced plans for a pilot program to grant 100 Mexico-domiciled trucking companies the authority to conduct long-haul operations in the United States. If foreign carriers do not comply fully with all U.S. motor carrier safety laws, the safety of the American traveling public is placed in jeopardy. This pilot program is the first test of whether the provisions of Section 350, as well as other safety measures, exist in the real world, and are not just satisfied on paper.
H.R. __, the Safe American Roads Act of 2007, will restore accountability and fairness to the process of opening the border, and ensure that the U.S. proceeds with caution while outstanding safety issues are verified. The Act prohibits DOT from granting authority to Mexico-domiciled motor carriers to operate beyond the commercial zones on the U.S.-Mexico border, except under a pilot program that meets the requirements set out in the bill. The bill also requires the following: The pilot program must meet all 22 requirements of Section 350 (Public Law 107-87) and all requirements set forth under Transportation Equity Act for the 21st Century (TEA 21)(Public Law 105-85) relating to pilot programs; DOT must provide, prior to initiation of the pilot program, an opportunity for public comment on the details of a pilot program, including the measures in place to protect the health and safety of the public, enforcement measures, penalties for non-compliance, and safety metrics to evaluate the pilot; a pilot program to grant long-haul operating authority to Mexico-domiciled motor carriers must be terminated after one year of enactment of this Act; the IG must review the pilot program to determine whether Mexico-domiciled motor carriers participating in the pilot program are in full compliance with U.S. motor carrier safety laws, including the provisions detailed in Section 350, and report his findings to Congress within 90 days of completion of the pilot program; and DOT must report to Congress on the results of the pilot program within 60 days of completion of the pilot program.
This bill also prohibits the Secretary from initiating a pilot program until U.S. motor carriers are allowed to begin comparable operations in Mexico. DOT has received nearly 900 applications from Mexican carriers seeking operating authority in the U.S. Under the pilot program, 100 U.S. companies are to receive reciprocal authority to operate in Mexico, yet to date DOT has received very few applications from U.S. firms. DOT estimates that the Mexican government will not be ready to process the applications of U.S. carriers for at least six months. This bill will ensure that the United States is not placed at a competitive disadvantage with Mexico under a cross-border pilot program.
In 1999, Congress passed the Motor Carrier Safety Improvement Act
(Public Law 106-159). In this Act, Congress mandated that in carrying out its duties, the Administration ``shall consider the assignment and maintenance of safety as the highest priority.'' We must continue to use this as our guiding principle in the oversight of motor carrier transportation. Each year, more than 5,000 people are killed in large truck crashes on our Nation's roads, and more than 100,000 are seriously injured. These statistics are already far too high. We cannot afford to take a step backward in terms of safety.
____________________
