N.C. in Middle of Mexican-Truck Issue

It’s anything but a smooth passage as concerns over safety, illegal drug smuggling, and terrorism have caused bumps in the road between Mexico and the United States — with North Carolina caught in the middle.

As a result, many members of Congress are trying to stop Mexico-based trucks and their drivers in an effort to keep them from freely crossing the American border to drive their cargo to any destination within the United States.

Known as the United States-Mexico Cross Border Demonstration Program, this pilot project is the direct result of the North American Free Trade Agreement, passed in 1993 by a majority in Congress.

Applying political pressure to the situation might be too little, too late, however, as a new pilot project started in September, when the first truck in the program quietly crossed the border at night, heading from Mexico to North Carolina with a tractor-trailer loaded with steel.

Paul Cox, press secretary for U.S. Rep. David Price, D-N.C., who voted to stop the project, said the pilot program flew under the radar and slipped pass U.S. leadership “for one reason or another.”

Although two bills designed to stop the funding on the project passed in recent months with bipartisan support, Cox said that even if they are amended and passed, they wouldn’t take affect until the next fiscal year.

Until then, the Mexican trucks will continue to roll across open borders.

This is frustrating to U.S. Rep. Walter Jones, R-N.C., who also voted to stop funding for the project.

“It’s very disheartening,” he said. “This is dangerous and unacceptable. We have been very concerned about this issue and the safety of the United States. This encourages open borders when the sovereignty of American borders is at stake. In the world we live in today I don’t know why this is allowed to move forward.”

Other N.C. legislators agree.

• Sen. Elizabeth Dole, R-N.C. said, “During my five years as secretary of transportation, improving safety was at the forefront of nearly every initiative we undertook. That’s why I simply could not support a plan to allow trucks from Mexico to freely cross our border. There is no guarantee that these trucks would meet the same safety standards as trucks registered in our country. I also am concerned that Mexican trucking companies may fail to fully comply with our laws and safety regulations.”

• U.S. Rep. Robin Hayes, R-N.C., said, “Even though this pilot program is only a one-year experiment to test the trade measure, I am deeply concerned this could unleash a flood of dangerous trucks. I don’t want to see an increase in illegal immigration, drug smuggling or heightened threats to our national security through the inadvertent result of a more ‘fluid border,’ which could possibly serve as a means for terrorists to enter the country or facilitate terrorist activity.”

• U.S. Rep. Sue Myrick, R-N.C., said, “I do not support changing our laws to allow special access to either Mexican, or Canadian, trucks, nor will I support eliminating our border checkpoints.”

• Price said, “The same high safety standards required of American motorists should be imposed on anyone else who uses American roads…The administration should postpone any plans to implement the pilot program until Mexico tightens its regulations on such things as hours behind the wheel without rest, insurance coverage, licensing, background checks and drug testing.”

• U.S. Rep. Mike McIntyre, D-N.C., said, “This pilot program not only puts U.S. drivers at risk, but also compromises our national security. This is outrageous and unacceptable.”

• Although U.S. Rep. Mel Watt, D-N.C., voted against NAFTA and the funding of the pilot project, he said cross-border trucking might be a lost battle.

“It’s a trade issue,” he said. “We can’t stop the trucks from coming across our borders. Once you have a trade agreement with Mexico you can’t unload trucks from Mexico at the U.S. border. That’s insane.”

After years of litigation that started during the Clinton administration, the law now requires that the United States, which was found in violation of the agreement, needs to live up to its side of the bargain. The U.S. Supreme Court also determined in 2004 that the president has the ultimate power to enforce NAFTA.

Not everyone from North Carolina is against the Cross-Border Demonstration Project. A statement from Sen. Richard Burr, R-N.C. said he supports the project as long as there are strict safeguards in place.

Burr said he thought that the trucks crossing the border are inspected and that the trucks must have regular safety inspections. “Burr voted to strengthen truck safety requirements by requiring all trucks in the program to be inspected regularly,” said his press secretary, Mark Williams. “The program strengthens inspection requirements for Mexican cargo and trucks that do not meet the safety requirements will not be allowed to proceed.”

A 65-page report from U.S. Secretary of Transportation Mary Peters details how all Mexican trucks and drivers must comply with strict Federal Motor Carrier Safety Administration’s guidelines. The trucks must display a current Commercial Vehicle Safety Alliance inspection decal and all drivers will be checked for a valid commercial driver’s license.

Under the guidelines, all trucks in the program will be inspected at the border and their drivers are required to be proficient in English.

“Initiation of the Demonstration Project is an important step toward fulfilling our obligations under the North American Free Trade Agreement and maintaining our relationship with one of our largest trading partners,” Peters said. “…Through the Demonstration Project, trucks from Mexico must meet the same safety standards as the United States trucks, as well as additional mandates applicable to them. In addition, drivers from Mexico who participate in the project must meet the same or stricter requirements as United States drivers.”