Issue link: http://read.dmtmag.com/i/42794
logbook Audit delays cross-border plan U.S. transportation officials said they are working to meet a federal audit's requirements before starting in the next few weeks the cross-border pilot trucking program with Mexico, including monitoring and placing tracking devices on Mexican trucks. The U.S. Office of Inspector General's Aug. 19 audit of the Federal Motor Carrier Safety Administration's pilot program concluded the agency had adequate border inspections, but more action is necessary to meet U.S. regulations. Federal law requires the OIG report to Congress on the program. FMCSA must address the office's three other carriers. In a PASA review, the Truck traffic at the south- ern border could increase soon if issues raised in a federal audit are adequately addressed. carrier must demonstrate it complies with requirements for drug and alcohol testing, hours of service, insurance, vehicle maintenance and inspections, and qualified drivers. concerns before Mexican trucks cross the border. FMCSA's response to the report noted action or plans to satisfy these requirements before the end of September, when the report was expected to be sent to Congress. In June, FMCSA officials told OIG they will comply with the law for conducting Pre-Authority Safety Audits and compliance reviews, but have not developed plans and safeguards for conducting PASAs in Mexico. Two Mexican carriers, Grupo Behr De Baja of Tijuana and Transportes Olympic of Monterrey, have successfully completed the PASAs. FMCSA said it is processing applications of Court asked to review pilot program The Teamsters and Public Citizen petitioned a federal appeals court to review the Federal Motor Carrier Safety Administration's plans to proceed with a cross-border trucking pilot program with Mexico. The organizations filed the petition with the U.S. Court of Appeals for the Ninth Circuit. Jonathan Weissglass, an attorney with the Altshuler Berzon firm representing the Teamsters, said unlike a complaint, the petition does not detail the legal challenge that is discussed later in briefing. He said one argument will be that the standard of comparable treatment of trucking on both sides of the border "is not met because of the lack of widespread availability of ultra-low-sulfur diesel fuel (in Mexico) and that the requirement of safety equivalence is not met because of Mexico's lower vision standards." FMCSA issued a statement saying it will review the filing after it is served with the lawsuit. In 2002, Altshuler Berzon attorneys obtained a ruling from the same appeals court for the plaintiffs and other organizations to block the previous cross- border program with Mexico, which the U.S. FMCSA said it has begun soliciting proposals for the electronic monitoring devices and tracking service it will require for Mexican trucks for three years. In April, it had estimated the total cost at $2.5 million, but the OIG puts that price at $3.2 million. Although the agency will retain ownership of the hardware, its plan to fund these devices has drawn criticism. — Jill Dunn Supreme Court overturned in 2004. The U.S. Court of Appeals for the District of Columbia rejected the Owner-Operator Independent Drivers Association's request for a stay of the program Sept. 8. It will schedule oral arguments following the completion of brief filings, with the last brief due by Dec. 5 While some congressional members support the program, others oppose it, including longtime opponent Rep. Pete DeFazio. The Oregon Democrat sent a Sept. 16 letter to FMCSA Administrator Anne Ferro expressing his concern about the safety of Mexican trucks. — Jill Dunn 18 OVERDRIVE OCTOBER 2011 Todd Dills