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INTERNATIONAL FREIGHT CROSS-BORDER TRUCKING SERVICES
The Federal Motor Carrier Administration (Dirección General de Autotransporte Federal, DGAF), launched a new program, with rules for motor carriers domiciled in the United States of America to operate International Freight Cross-Border Trucking Services in Mexico.
The focal point of the new program is road safety and the enhancement of the system of transportation for trade between Mexico and the United States.
To develop the new program, DGAF is requiring drivers and trucks to comply with all federal motor carrier regulations and standards of Mexico, as in the previous cross-border trucking program, like compel drivers to undergo an assessment of their ability to understand Spanish and Mexico’s traffic signs, and other safety requirements.
Permits issued under this temporary mode will not entitle the operation of transport for passengers, tourism, specialized freight (transport of hazardous materials, wastes, residues, bulky or heavy weight, funds and securities, industrial cranes), nor ancillary services such as: towing, salvage, package and courier, lease, or domestic services in all its forms.
As U.S. Department of Transportation is providing reciprocal authority for Mexican carriers to engage in cross-border long-haul operations into that country, the new program also includes mirror regulations applying in U.S. for Mexican carriers.
How Does the New Program Work?
Provisional Operating Permit
Safety Assessment
Permanent Operating Permit
Addition and Removal of Vehicles and Drivers
Revocation of Provisional and Permanent Permit
Formats
Cost
SCT Rules for U.S. based carriers
DOT Rules for Mexico based carriers
Contacts
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How Does the New Program Work?
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The SCT shall grant a U.S.-domiciled motor carrier a provisional operating permit for international freight cross-border trucking services in Mexico provided that the pre-authority conditions set out in article Four of the rule are met.
The SCT may revoke, suspend, limit or impose conditions on the operating permit of a U.S.-domiciled motor carrier that is engaged in international freight cross-border trucking services in Mexico if such motor carrier fails to comply with the conditions set out in article Seventeen of the rule.
This program is divided into three stages described below:
Stage 1. Stage 1 – At the beginning of the motor carrier’s provisional operating permit, participating vehicles and drivers may be inspected upon each entry into Mexico for three months by personnel designated for this purpose.
Stage 2. If motor carriers pass inspections at the border crossings into Mexico during the period in question, they will no longer be inspected upon each entry into Mexico and inspections will occur randomly. Motor carriers are to continue to maintain current CVSA safety decals or a physical-mechanical verification certificate pursuant to NOM-068-SCT-2-2000.
Stage 3. Prior to the motor carrier reaching 18 months of operation under provisional permit, DGAF is to conduct a review to verify compliance with all federal motor carrier regulations of Mexico, and will also consider the following:
a. Reports of violations;
b. Reports of fatigue driving;
c. Compliance with regulations by drivers, including those on controlled substances and alcohol;
d. Reports of vehicle maintenance;
e. Accident records; and
f. Maintain a satisfactory rate of security, in compliance with the FMCSA criteria.
If the outcome of the compliance review is unsatisfactory, the motor carrier will be notified by DGAF of its deficiencies and will have the opportunity to correct them within a period of 30 days. The motor carrier can maintain its provisional permit while correcting the deficiencies. Failure to correct deficiencies would subject the motor carrier to the revocation of provisional permit by DGAF.
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Provisional Operating Permit
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Provisional permit is granted by DGAF allowing the motor carrier to operate international freight cross-border trucking services in Mexico during an initial eighteen (18) month period.
The decision on the issuance of the provisional permit shall be made within 30 working days from the filing of all requirements and compliance with the Safety Assessment (Revisión de Condiciones de Seguridad, RCS). If in such time, DGAF has not issued a decision, it shall be understood as affirmative.
Requirements:
a. Complete applications TFC-USA-01 and TFC-USA-02 through the web application at SIAF/ (copies of the required documents must be attached in PDF format)
b. Once the applications and their attached documents are received by the Metropolitan Center (MC), it will verify requirements are complete and correct. If so, the MC will notify to the corresponding public security agencies to proceed with the vetting process. Otherwise the applications will be refused.
c. Public security and criminal background vetting will be conducted on the applicant motor carrier and any drivers the motor carrier designates for participation in the initial phase.
d. Once the motor carrier and its drivers approve the vetting process, the public security agencies will notify of the favorable results to the MC and this will then ask the Supervision Department to proceed with the Safety Assessment. Otherwise the application will be refused.
e. The MC and the Supervision Department will notify the motor carrier of the day and time to execute the Safety Assessment at the motor carrier’s facilities.
f. Once the Safety Assessment is completed, the Supervision Department will notify the MC of the results. In case these are favorable, the MC will give an appointment to the motor carrier to present the original documentation (attached to the TFC-USA-01 application) and proof of insurance at the MC’s office. In case the Safety Assessment is not approved, the application will be refused.
g. If all requisites are satisfied the MT will then issue a provisional operating authorization.
The process must be done in the central offices of the Federal Motor Carrier Administration at Calzada de Las Bombas No. 411, cuarto piso, Colonia Los Girasoles, Delegación Coyoacán. México, Distrito Federal, C.P. 04920
The process must take no more than 30 working days, from the date of filing the applications to the MTC. If in such time the MTC has not issued a decision, this shall be understood as positive.
In case the applications miss any information, or do not meet the requirements, the MC shall, within 15 working days from the receipt of the applications, notify the applicant and this one will have 15 working days to make any corrections. If the applicant does not make the changes within this period, the applications will be dismissed.
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Safety Assessment (Revisión de Condiciones de Seguridad, RCS)
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The Safety Assessment will be guide; according to the criteria determined in article Four, section (1.5) of the rule.
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Permanent Operating Permit
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Before the motor carrier completes 18 months of operation under provisional permit, the Supervision Department will revise if the carrier complies with all federal motor carrier regulations in Mexico. This last revision occurs only after a carrier’s request.
If the result of the revision is favorable, the MC may grant a permanent operating permit.
Motor carriers that do not prove compliance with all federal motor carrier regulations in Mexico will be notified of their deficiencies and will have the opportunity to correct them within 30 working days after notification.
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Addition and Removal of Vehicles and Drivers
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In case a motor carrier that owns a provisional or permanent permit needs to register additional vehicles and/or drivers to his permit, these must be submitted to the MC through the applications TFC-USA-03 and TFC-USA-04, respectively.
On the other hand, if the motor carrier needs to cancel the operation of vehicles and/or drivers registered on his provisional or permanent permit, applications TFC-USA-05 and TFC-USA-06 must be submitted, respectively.
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Revocation of Provisional and Permanent Permit
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Causes of revocation of provisional and permanent permits are set in article Seventeen of the rule.
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Formats
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To submit an application use SIAF (Sistema Institucional de Autotransporte Federal). You will need to follow the instructions to use SIAF and to fill in the formats. Please, download the next files to assist yourself on the application process.
1. Instructions
2. TFC-USA-01*: Request of permit to provide international freight cross-border services.
3. TFC-USA-02**: Request of appointment for Safety Assessment.
4. TFC-USA-03*: Request of additional vehicle(s)
5. TFC-USA-04*: Request of additional driver(s).
6. TFC-USA-05*: Request of removal of vehicle(s).
7. TFC-USA-06*: Request of removal of driver(s).
* The application formats displayed above are for reference use only, so the applicant may know what information is required on each format. These PDF applications are not to be printed. The applications must be submitted online at SIAF as described in the instructions.
** Format TFC-USA-02 displays the predefined text to elaborate the Safety Assessment request. Please, use this text to print it on a letterhead of the company. Make sure you fill in the blanks with the required information as described in the instructions. Remember this format is part of the documentation required on format TFC-USA-01.
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Cost
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Under the current quota of the Federal Law, the following table details the fees for participation in the new program:
Code |
Concept |
Cost * |
07 252 210 |
Decal |
$ 105.00 |
07 251 241 |
Plates |
$ 1, 301.00 |
07 253 276 |
Registration card |
$ 377.00 |
07 262 278 |
Vehicle |
$ 488.00 |
07 245 243 |
Permit |
$ 475.00 |
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Total |
$ 2, 746.00 |
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Additional Vehicle |
$ 2,271.00 |
* Mexican pesos |
SCT Rules for U.S. based carriers
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On July 7 of 2011, SCT published in the Federal Gazette of Mexico the ACCORD creating a Temporary Modality for Cross-Border Motor Carrier Transportation Service of International General Freight between the Mexican United States and the United States of America.
The Accord sets the rules and requisites U.S. based carriers have to comply with in order to participate in this new cross-border program. Click here to download the Accord.
The following links are the motor carrier federal regulations in Mexico that the Agreement refers to. U.S. based motor carriers have to comply with them, as well.
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DOT Rules for Mexican based carriers
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The U.S. Department of Transportation (DOT), through the Federal Motor Carrier Safety Administration (FMCSA) issued last July 8 –in the U.S. Federal Register- the rules that Mexico based carriers have to comply with in order to participate in the new program. Visit the next web sites to get further information:
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Contacts
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At SCT, we will be glad to explain in further detail or assist carriers about the interpretation of these rules and the related process of application.
Should you need further information, please contact:
Salvador Monroy
Director of Cross-Border Motor Carrier Transport
samonroy@sct.gob.mx
+ (52) (55) 5723 9300 x20114
Carolina Rodríguez
Deputy Director of International Affairs
crodrigq@sct.gob.mx
+ (52) (55) 5723 9300 x20260
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