How are Foreign Commercial Vehicles Regulated in Arizona?
As a port of entry between two closely connected and enterprising trading partners, Arizona hosts thousands of foreign commercial vehicles on its roads every year, mostly from Mexico. From buses carrying Mexican tourists vacationing or visiting relatives to commercial carriers transporting commodities to Arizona, California and beyond, these vehicles add to the busy traffic on Arizona streets and highways. A recent tragedy in which a Mexican tour bus overturned on I-10 and killed six people shows that the different approaches to regulating safety for commercial vehicles in the United States and Mexico may mean preventable accidents on U.S. soil.
In the U.S., the Federal Motor Safety Carrier Regulations govern commercial vehicle traffic; Arizona has adopted these regulations and the Bureau of Commercial Vehicle Enforcement, a department of the Arizona Highway Patrol, enforces them. According to the Bureau, its biggest challenge is dealing with the possible impact of NAFTA as more commercial carriers of unknown condition travel from Mexico into Arizona and other U.S. states.
Statistics compiled by the 2006 Strategic Program Area Review (SPAR) show that between 2003 and 2006, vehicles processed by the Bureau’s units rose from about 6.8 million to 7.8 million, an increase of about 16 percent. SPAR also estimated that about 7 percent (550,000 in 2006) of foreign commercial vehicles bypass inspection at manned ports of entry, and are operated in Arizona in violation of weight and size laws. These vehicles may also evade inspection by the Bureau’s mobile units.
In recent years, local units of the Bureau of Commercial Vehicle Enforcement have also lost grant funding and officers, decreasing the number of inspections and education that the Bureau can provide. Without adequate enforcement of vehicle safety laws and regulations, more tragedies like the bus accident on 1-10 will become a reality. So what can be done with less money and more traffic?
The Bureau has emphasized that mobile units along with fixed port-of-entry staff can aid in finding violations during inspections. In fact, most of the Bureau’s inspections are conducted away from a port-of-entry, and these inspections yield a violation about 47 percent of the time. To deter avoidance of the port-of-entry inspections, the Bureau recommends increasing mobile unit presence. Another recommendation is increased automation technology and vehicle inspector presence at all international ports of entry, as the focus is currently on Nogales. Along with inter-agency cooperation, cooperation with Mexican law enforcement partners and education of motorists entering and leaving Arizona may help to increase compliance with federal and state vehicle safety regulations.
If you or a family member has been injured in a trucking accident involving a foreign commercial vehicle or any other commercial truck, you should contact an experienced trucking accident attorney to talk about your injuries and options.
Partner Frank Verderame is a seasoned trial attorney, who has dedicated his life to helping victims of serious injuries. He is a Board Certified Specialist in Personal Injury and Wrongful Death Litigation, and has been an active part of legal communities and organizations since he started his practice, back in 1983.
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