Page:United States Statutes at Large Volume 115 Part 1.djvu/886

 115 STAT. 864 PUBLIC LAW 107-87—DEC. 18, 2001 in this Act to no more than $120,323,000: Provided, That such reductions from the budget request shall be allocated by the Department of Transportation to each appropriations account in proportion to the amount included in each account for the Trguisportation Administrative Service Center. 49 USC 13902 SEC. 350. SAFETY OF CROSS-BORDER TRUCKING BETWEEN note. UNITED STATES AND MEXICO, (a) No funds limited or appropriated in this Act may be obligated or expended for the review or processing of an application by a Mexican motor carrier for authority to operate beyond United States municipalities and commercial zones on the United States-Mexico border until the Federal Motor Carrier Safety Administration— (1)(A) requires a safety exEunination of such motor carrier to be performed before the carrier is granted conditional operating authority to operate beyond United States mimicipalities and commercial zones on the United States-Mexico border; (B) requires the safety examination to include— (i) verification of available performance data and safety management programs; (ii) verification of a drug and alcohol testing program consistent with part 40 of title 49, Code of Federal Regulations; (iii) verification of that motor carrier's system of compliance with hours-of-service rules, including hours-of- service records; (iv) verification of proof of insurance; (v) a review of available data concerning that motor carrier's safety history, and other information necessary to determine the carrier's preparedness to comply with Federal Motor Carrier Safety rules and regulations and Hazardous Materials rules and regulations; (vi) an inspection of that Mexican motor carrier's commercigJ vehicles to be used under such operating authority, if any such commercial vehicles have not received a decal from the inspection required in subsection (a)(5); (vii) an evaluation of that motor carrier's safety inspection, maintenance, and repedr facilities or management systems, including verification of records of periodic vehicle inspections; (viii) verification of drivers' qualifications, including a confirmation of the validity of the Licencia de Federal de Conductor of each driver of that motor carrier who will be operating under such authority; and (ix) an interview with officials of that motor carrier to review safety management controls and evaluate any written safety oversight policies and practices. (C) requires that— (i) Mexican motor carriers with three or fewer commercial vehicles need not undergo on-site safety examination; however 50 percent of all SEifety examinations of all Mexican motor carriers shall be conducted onsite; and (ii) such on-site inspections shall cover at least 50 percent of estimated truck traffic in any year. (2) requires a full safety compliance review of the carrier consistent with the safety fitness evaluation procedures set forth in part 385 of title 49, Code of Federal Regulations, and gives the motor carrier a satisfactory rating, before the

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