(Grain Valley, Mo., Feb. 26, 2010) – The Owner-Operator Independent Drivers Association (OOIDA) sent a letter this week directly to the Office of the U.S. Trade Representative to immediately challenge the legality of the tariffs levied by Mexico on U.S. exports.

Speaking on behalf of small-business trucking professionals and professional truck drivers, OOIDA President Jim Johnston called upon Kirk to “begin defending American jobs by challenging the tariffs that Mexico has wrongfully imposed on U.S. exports in relation to the cross-border trucking dispute.”

(The full letter can be read here: Ltr. to U.S. Trade Rep from OOIDA)

Johnston also said to Kirk, “It is irresponsible for you to stand back as those tariffs continue to jeopardize U.S.-based businesses and American jobs.” 

The Association has previously stated that the tariffs should be declared illegitimate so that the debate regarding cross-border trucking with Mexico can be shifted from economics to highway safety and security.

Almost one year after their implementation, U.S. trade officials have yet to question the legitimacy of politically targeted tariffs levied by Mexico on U.S. exports. Instead of questioning Mexico’s strong-arm tactics, U.S. Trade Representative Ron Kirk has indicated a willingness to give in to that government’s bullying and has publicly stated that the easiest way to put an end to the tariffs is to start yet another cross-border trucking program.

In the letter, Johnston said, “That statement and others that you have made recently to the media seem to ignore the immense safety and security implications of providing Mexico-domiciled trucking companies and truck drivers with unfettered access to U.S. highways.”

The Association contends that small-business truckers and professional drivers based in the U.S. must contend with an ever increasing regimen of safety, security and environmental regulations. Conversely, Mexico-domiciled trucking companies and drivers simply do not contend with a similar regulatory regimen in their home country nor must they contend with the corresponding regulatory compliance costs that encumber their U.S. counterparts.

“If a new cross-border trucking program were implemented at this time, U.S. truckers would be forced to forfeit their own economic opportunities while inadequately compensated Mexican truckers, free from equivalent regulatory burdens, take over their traffic lanes,” Johnston said in the letter.

“As you stated last year after a NAFTA arbitration panel ruling, ‘… neither the NAFTA nor other U.S. investment agreements prevent the federal government or our states from regulating in the public interest, including to protect the environment, public health, and safety.’ I could not agree more,” Johnston continued.

Mexican officials not only have indicated that they plan to keep the tariffs in place, but also have hinted at imposing even higher tariffs if the cross-border trucking issue is not resolved to their liking.

In addition to lacking a regulatory infrastructure for trucking safety, Mexico has yet to fully address numerous other issues related to homeland security, criminal activity and its trucking industry.  News reports appear daily about ongoing border violence and the inability of the Mexican government to maintain control over its drug cartels. Customs officers regularly find narcotics and illicit cargo embedded in truckloads crossing the southern border into the United States. Recently, a trailer with 18 tons of explosives was stolen in northern Mexico.

To date, there have been no reports from the Federal Motor Carrier Safety Administration or from Mexican officials as to what efforts Mexico has made to comply with the regulatory items stipulated to them for gaining access to U.S. highways.  Those items include safety regulations such as comparable drug and alcohol testing, commercial drivers licensing and tracking, and hours-of-service requirements, among other issues.

The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 156,000 members nationwide. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Mo., area.