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 July 25, 2001

Implementation of NAFTA Trucking Provisions In H.R. 2299 U.S. Department of Transportation Appropriations Bill

Comparison of Gramm/McCain Substitute for Murray/Shelby Provision

 

 Safety Reviews

Murray/Shelby: Full safety compliance reviews of 49 CFR performed on-site for carriers applying to operate beyond the commercial zones, with required satisfactory rating before conditional authority and again before granting permanent authority. Section (1)(A),(B).

Gramm/McCain: Safety reviews for carriers applying to operate beyond the commercial zones not indexed to requirements of 49 CFR, and performed on-site only when circumstances warrant. Full safety compliance reviews not required. Some elements of a safety review are enumerated. Section (1)(A)(I)(ii), and (1)(B)

 License Verification

Murray/Shelby: Every Mexico-domiciled motor carrier driver license electronically verified for status and validity at crossing points for carriers operating beyond the commercial zones. Section (1)(C).

Gramm/McCain: Electronic or other license verification of every commercial motor vehicle (CMV) driver operating beyond the commercial zones, but only in connection with a Level I (including driver) inspection, and random verification of licenses of drivers apart from a Level I inspection (Level I or V conducted at DOT s discretion). Section (1)(C).

Commercial Vehicle Safety Alliance Inspection Decal

Murray/Shelby: Decal must be affixed to commercial vehicle by each inspected Mexican motor carrier which has operating authority beyond the commercial zones demonstrating successful compliance through a Level I (full driver and vehicle) inspection which expires after 90 days and no motor carrier may enter the U.S. without a valid decal. Section (1)(F).

Gramm/McCain: Decal may be granted for compliance also with a Level V (vehicle-only) inspection as well as for a Level I inspection and requires violators to pay a fine of up to $10,000. Section (1)(A)(iii).

 Distinctive DOT Number for Motor Carriers Operating Beyond Commercial Zones

No difference. Murray/Shelby Section (1)(D), Gramm/McCain Section (1)(D).

State Inspector Detection of Federal Violations At Border

Murray/Shelby: State inspectors enforce federal violations if detected or notify federal authorities. Section (1)(F).

Gramm/McCain: Same, Section (1)(E).

 Weigh-In-Motion (WIM) and Fixed Scales At Border

Murray/Shelby: Both WIM and Fixed Scales at all crossing points, and inspectors required to verify each commercial vehicle s weight entering U.S. Section (1)(G).

Gramm/McCain: WIM and fixed scales provision deleted, weight scales (unclear as to kind) placed at some, not all locations (FMCSA to decide where), based on unspecified crossing volumes, and WIM study conducted on feasibility and need. Section (1)(G).

 Requirement for Mexico-Domiciled Carriers Operating Beyond Border Zones to Carry U.S. Insurance

Murray/Shelby: Requires that all Mexico-domiciled motor carriers operating outside border zones carry insurance issued by companies licensed and based in the United States. Section (1)(H).

Gramm/McCain: Requires that all Mexico-domiciled motor carriers operating outside border zones carry insurance issued by companies licensed in the United States. Section (1)(H).

 Inspector Presence At Border Crossings

Murray/Shelby: Commercial motor vehicles may not enter U.S. unless inspector on duty. Section (1)(I)(vi).

Gramm/McCain: Inspectors shall be on duty only during unspecified operating hours. Section (1)(I)(I).

 Inspector Staffing At Border

Murray/Shelby: FMCSA regulations to be published which determine appropriate number of federal and state motor carrier inspectors. Section (1)(I)(iii).

Gramm/McCain: FMCSA policy to be issued (a regulation not mandated) which adopts standards for determining appropriate number of federal and state inspectors. Section (1)(I)(ii).

Rulemaking Implementing Improved Safety Auditor Training/Certification

No difference. Murray/Shelby Section (1)(J)(ii), Gramm/McCain Section (1)(I)(ii).

 Prohibition of Leasing Equipment By Carrier Subject to Suspension

No difference. Murray/Shelby Section (1)(I)(iv), Gramm/McCain Section (1)(J)(iii).

 Rulemaking On Minimum Motor Carrier Safety Requirements

Murray/Shelby: Rulemaking must be completed specifying minimum requirements to ensure motor carrier knowledge of federal safety standards, including administering safety knowledge proficiency examinations. Section (1)(I)(i).

Gramm/McCain: Rulemaking required establishing minimum requirements, but proficiency exam deleted. Section (1)(J)(i).

Rulemaking Prohibiting Foreign Motor Carriers That Have Operated Illegally

Murray/Shelby: Rulemaking must be completed prohibiting foreign motor carriers from operating in U.S. that have been found to have been operating illegally. Section (I)(I)(v).

Gramm/McCain: Policy must be adopted governing such prohibitions (but rulemaking not required). Section (1)(I)(iii).

Provision for Notifying Congress if Rulemakings Not Completed

Murray/Shelby: All federal policies must be adopted pursuant to completed rulemaking. Section (1)(I).

Gramm/McCain: Some federal policies adopted without rulemaking (see above), and others adopted through rulemaking subject to kick-out clause that FMCSA was unable to complete the rulemaking(s) and FMCSA notifies Congress within 30 days of enactment with a new timetable. Section (1)(J).

Inspector-General (IG) Certification of Inspectors Funded Under This Act

Murray/Shelby: IG certifies in writing that all funded inspector positions are filled..Section (1)(A).

Gramm/McCain: IG only certifies the number of available inspectors hired, trained, and on duty at the border by January 1, 2002. Section (2)(A).

Inspector-General Certification of Adequacy of Border Inspectors

Murray/Shelby: IG Certification in writing that inspectors conduct on-site safety reviews meeting requirements of 49 CFR Pt. 385 and are fully trained as safety specialists. Section (2)(B).

Gramm/McCain: Periodic IG certification in writing of adequacy of inspector numbers. Safety review evaluation procedures of 49 CFR are not cited. Section (2)(B)(i).

 Inspector-General Certification That Full Inspector Staffing Has Not Been Met By Transfers Other Inspection Locations.

Murray/Shelby: IG certifies that inspector staffing at border has not been met by transferring inspectors from other U.S. locations. Section (2)(C).

Gramm/McCain: Provision deleted.

 

Inspector-General Certifies FMCSA Policy Ensuring Compliance With Hours of Service Rules For Long-Haul Carriers

Murray/Shelby: IG certifies agency policy for ensuring compliance with hours of service requirements for carriers operating beyond the commercial zones and their municipalities. Section (2)(D).

Gramm/McCain: IG certifies compliance. Note: Unclear whether such compliance in Gramm/McCain is confined only to long-haul carriers or applies to all Mexico-domiciled carriers operating in the U.S. (the latter is preferable). Gramm/McCain also requires IG periodic recertification, which is desirable. Section (2)(B)(ii).

Inspector-General Certification of Information Infrastructure Accuracy, Accessibility, and Integration

Murray/Shelby: IG certifies that information infrastructure can verify status and validity of licenses, vehicle registrations, operating authority, and insurance of Mexico-domiciled carriers. Requires adequate telecommunications links for verifying the foregoing. Section (2)(E).

Gramm/McCain: Except for operating authority, IG certifies. Requires periodic IG re-certification. Telecommunications requirement is deleted. Condenses separate Murray/Shelby subsections on information infrastructure and accessible databases into single, shorter subsection. Section (2)(B)(iii).

 Mexican Measures for Effective Enforcement/Monitoring of License Revocation/Licensing Procedures

Murray/Shelby: Mexico must have measures similar to those in U.S. Section (2)(H).

Gramm/McCain: Deleted.


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