March 20 , 2008
NAFTA Demo Project Update
In February of 2007, the Federal Motor Carrier Safety Administration
announced through the establishment of the NAFTA Demonstration Program
that they would be opening up the Mexico/US border to allow carriers
from both the United States and Mexico to deliver goods and services beyond the commercial zone.
After federal hearings, lots of public demonstrations, a name change of the “program” and the slashing of funding for the “project” by Congress, the Demonstration Project is still moving along. Currently the number of Mexican carriers who have successfully completed their application and safety inspections for the project is 13. From those carriers, 58 trucks are now able to participate in the project. The FMCSA has recently notified an additional 34 Mexico domiciled motor carriers that they have successfully passed a Pre-Authorization Safety Audit. These notifications also advise that the motor carriers must file proof of financial responsibility and designate agents for process of service before FMCSA will issue them a provisional certificate of registration to transport international cargo beyond commercial zones along the USMexico border.
The number of US domiciled carriers that have been approved to transport goods and services in Mexico is 5 with 45 trucks being approved. The California Trucking Association supports the principles embodied in NAFTA because of its importance to California cross-border trade. Even with the recent announcement that the federal government would be providing a few hundred thousand dollars to educate law enforcement officials on cabotage enforcement, the CTA still has concerns about adequate enforcement of the NAFTA rules.
Oregon to photograph scale dodgers
Truckers who dodge scales in Oregon will receive a glossy 8-by-10 photo with a standard Class B misdemeanor citation. Cameras have been installed at six ports of entry, and more may be installed later at other weigh stations. Truckers who participate in the Green Light pre-pass system will not be photographed or affected by the new policy. Less than one percent of trucks intentionally pass the scales to avoid weighing in.
Cargo Securement Update

California recently adopted the Code of Federal Regulations 49 relative to cargo securement for carriers who operate in Intrastate and Interstate commerce. With the adoption of CFR 49 the California Highway Patrol (CHP) is enforcing laws pertaining to shifting or falling freight (§393.106) general requirements for securing articles of cargo and Sub chapter C- Hazardous Materials Regulations (177.834). Under General Rule 393.106, cargo must be firmly immobilized or secured on or within a vehicle by structures of adequate strength, dunnage (loose materials used to support and protect cargo) or dunnage bags (inflatable bags intended to fill space between articles of cargo or between cargo and the wall of the vehicle), shoring bars, tiedowns or a combination of these.
There are also standards for securing hazardous material loads. Under General Requirements 177.834 (a), any package containing any hazardous material, not permanently attached to a motor vehicle, must be secured against shifting, including relative motion between packages, within the vehicle on which it is being transported, under conditions normally incident to transportation. Packages having valves or other fittings must be loaded in a manner to minimize the likelihood of damage during transportation. Carriers take the time to inform your drivers of the necessity to secure freight. Follow the rules, secure your freight, and drive safe.
2008 UCRA Fees Remain the Same,Collections To Begin in March
The Unified Carrier Registration Agreement fees for 2008 will remain
the same as for 2007. The Federal Motor Carrier Safety Administration
published a technical amendment in the February 26, 2008, Federal
Register to allow the same fees to be collected in the 2008 registration
year. The fees became effective upon publication. In addition to the
states that participated last year, Alaska, California, Delaware, Minnesota,
Missouri, North Carolina and Pennsylvania will also be in the program.
Carriers are expected to be notified of 2008 registrations beginning
this month. Enforcement for non filers will not begin until June
1, 2008.
FMCSA Strengthens Language Requirements for Drivers
Drivers who are not able to meet the English language requirements of
the Federal Motor Carriers Safety Regulations may be placed out of service
under a new policy from the Federal Motor Carrier Safety Administration
(FMCSA).
Previously, drivers who violated the English-langue standard in Section 391.11(b)(2) were cited but were not taken off the road. Under the new policy, enforcement personnel are instructed to interview the driver in English, covering at least the following areas:
- The driver’s origin and destination,
- The driver’s log and hours of service,
- The driver’s license, and
- Vehicle parts and systems subject to the federal safety regulations
If the inspector determines that the driver cannot respond to inquiries and directions in English, the driver should be cited and placed out of service.
According to the FMCSA, the new policy represents the agency’s effort to “catch up” to existing, similar policies from the states and the Commercial Vehicle Safety Alliance (CVSA), which represents enforcement personnel and produces the Out-Of-Service Criteria. The CVSA’s policy, adopted in 2005, is to place drivers out of service if they cannot communicate sufficiently to understand and respond to official inquiries and directions
NMTA Annual
Meeting Set for
May 1-3, 2008
The NMTA Annual Meeting, Golf Championships and the
State Truck Driving Championships will be held on May 1-3, 2008.
The President’s Reception, Annual Meeting and Awards Banquet will
be, once again, held at the Hyatt Regency Downtown Albuquerque. The Truck
Driving Championships will be held at the Conway Freight locations that I know
you are all familiar with, on Saturday May 3.
The Golf Tournament will be held at the Desert Greens Golf Course on
the Thursday morning. Make sure you have these dates blocked out, you will
be receiving communications from time to time leading up to the event.
ATA Chairman Ray Kuntz to Speak at NMTA Banquet.
Mr. Ray Kuntz, CEO of the Montana based Watkins & Shepard company
will be the keynote speaker at the Annual Awards Banquet on Saturday
May 3, 2008 at the Hyatt Regency Downtown, Albuquerque,. Mr. Kuntz
is highly respected throughout the industry for bringing a common sense
perspective on the issues affecting trucking in today’s economy.
Be Ready --
Be Buckled
The latest statistics show that 82% of personal vehicle occupants and drivers are buckling up while only 59% of commercial motor vehicle drivers are buckling up.
While this number is up from a couple of years ago when the number was less than 50%, it is still too low. We need to continue the efforts to encourage and educate the CMV drivers about the need to buckle up each time they climb behind the wheel of their truck! It is the best thing they can do to ensure their safety and ensure they maintain control of their vehicle.

CVSA Launches “Saved by the Belt”
Did you know that in 2006, 703 drivers of large trucks died in truck crashes and 314 of those drivers were not wearing seat belts?
CVSA has launched its “Saved by the Belt” award program to recognize those CMV drivers who have buckled up and whose lives were saved or injuries significantly reduced as a result of wearing a safety belt. For more information on the program, visit the CVSA website for details.
Road Conditions Improve, But Congestion Worsens
An annual state-by-state analysis of traffic congestion has found that nearly 52% of U.S. urban interstates are now congested, but road surface and bridge conditions have improved.
The Reason Foundation study measures the performance of state-owned roads and highways from 1984 to 2005 in 12 different categories, including traffic fatalities, congestion, pavement condition, bridge condition, highway maintenance, and administrative costs, to determine each state’s ranking and cost-effectiveness.
The study does find some good news for drivers. The percentage of roads in “poor condition” fell sharply for both interstate highways and major rural roads. Since 1998, the percentage of poor urban interstate mileage has been reduced by 31%. The number of bridges deemed deficient, meaning they are eligible for federal repair dollars, also fell slightly in 2005
Overall State Road
System Performance
Top 10 States
North Dakota
South Carolina
Kansas
New Mexico
Montana
Georgia
Wyoming
Oregon
Nevada
Idaho




