Industry News

Department of Transportation Proposed Rule Could Affect Mexican Carriers Operating in U.S

May 2001


On Thursday, May 3, 2001, the Federal Motor Carrier Safety Administration ("FMCSA") issued a proposed rule in the Federal Register that would amend the provisions of 49 CFR Part 385. Part 385 regulates safety systems for Mexican-domiciled carriers conducting operations in the United States. The proposed rule would revise the safety fitness regulations to implement a safety oversight program designed to evaluate the safety fitness of Mexican carriers within 18 months after receiving conditional authority to operate in the United States. The changes to the regulations are necessary for the United States to fulfill its obligations under the North American Free Trade Agreement. Those sections of part 385 affected by the proposed rule are as follows:

Proposed Section 385.21: Describes the safety oversight program for Mexican domiciled carriers.
Proposed Section 385.23: Identifies categories of serious safety violations which, when identified, would cause the FMCSA to take expedited action in the form of a safety review or the issuance of a deficiency letter.
Proposed Section 385.25: Provides for the suspension of a carrier's registration if basic safety controls are not exercised.
Proposed Section 385.27: Establishes procedures for an administrative review if a Mexican carrier believes a suspension is unwarranted.
Proposed Section 385.29: Sets forth an 18-month time limitation for Mexican-domiciled carriers to remain in the safety oversight program, provided the carrier has undergone a safety review within that period.

The FMCSA is seeking comments from the public on this proposed rule by mail, fax or electronic submission. All comments must be received by the Department of Transportation by July 2, 2001. For more detailed information about the proposed rule and for information concerning where to send comments, click here.