Memorandum of Understanding Between the United States and Canada Relating to the Recognition of Motor Carrier Safety and Compliance Reviews by the United States and Facility Audits by Canada Publication: Federal Register Agency: Federal Highway Administration Byline: Federico Peña • Douglas Young Date: 1 November 1994 Subjects: American Government • Roads & Highways • Trucking

[Federal Register Volume 59, Number 210 (Tuesday, November 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-27001]


[[Page Unknown]]

[Federal Register: November 1, 1994]


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DEPARTMENT OF TRANSPORTATION
Federal Highway Administration

 

Memorandum of Understanding Between the United States and Canada 
Relating to the Recognition of Motor Carrier Safety and Compliance 
Reviews by the United States and Facility Audits by Canada

AGENCY: Federal Highway Administration (FHWA), DOT.

ACTION: Notice.
SUMMARY: The Secretary of Transportation for the United States and the 
Minister of Transport for Canada signed an agreement at the North 
American Free Trade Agreement (NAFTA) Transportation Summit on April 
29, 1994, which allows for the reciprocal recognition of safety ratings 
resulting from motor carrier compliance reviews conducted by the United 
States and facility audits conducted by Canadian Provinces. As each 
Province enters into this agreement, notification will be published in 
the Federal Register. The terms of the Memorandum of Understanding 
(MOU) will not restrict U.S. or Canadian officials from performing 
investigations, facility audits, or safety and compliance reviews of a 
motor carrier in the other country when such investigation or review is 
deemed necessary.

FOR FURTHER INFORMATION CONTACT: Mr. Ronald G. Ashby, Office of Motor 
Carrier Field Operations, (202) 366-1795, or Mrs. Allison Smith, Office 
of Chief Counsel, (202) 366-1353, Federal Highway Administration, 400 
Seventh Street SW., Washington, DC 20590. Office hours are from 7:45 
a.m. to 4:15 p.m. e.t., Monday through Friday, except Federal holidays.

SUPPLEMENTARY INFORMATION: Pursuant to the Federal Register Act (44 
U.S.C. Chapter 15), the Administrative Procedure Act (5 U.S. C. 551 et 
seq.), and the Freedom of Information Act (5 U.S.C. 552) notice is 
hereby given that an agreement was signed by the governments of the 
United States and Canada as set forth below.

(23 U.S.C. 315; 49 CFR 1.48).

    Issued on: October 24, 1994.
Rodney E. Slater,
Federal Highway Administrator.
An Understanding Between the Government of the United States of America 
and the Government of Canada Relating to the Recognition of Motor 
Carrier Safety and Compliance Reviews by the United States and Facility 
Audits By Canada
    The Government of the United States of America and the Government 
of Canada (hereinafter referred to as the ``Parties'');
    Desiring to improve the productivity and foster the economic 
vitality of the transborder motor carrier industry;
    Seeking to promote adoption and application of compatible 
international safety standards for motor carriers;
    Recognizing that the Parties will benefit from the elimination of 
the duplication of effort in the monitoring of motor carrier compliance 
performance;
    Noting that the Parties intend that their systems for rating a 
motor carrier's safety fitness be compatible; and
    Desiring that transborder motor carrier's safety fitness be rated 
in the most efficient and accurate manner possible;
    Have established the following working arrangements:
Article 1--Definitions
    For the purpose of this Understanding:
    (A) ``Central Authorities'' for the United States means the 
Department of Transportation and for Canada means Transport Canada;
    (B) ``Compliance Review'' for the United States means an on-site 
investigation by the Federal Highway Administration of a motor 
carrier's safety operations to determine whether a motor carrier meets 
safety fitness standards. The compliance review may result in the 
initiation of enforcement activity;
    (C) ``Facility Audit'' for Canada means an on-site assessment by 
the responsible authority of a Province or Territory of a motor 
carrier's compliance with all applicable highway safety regulations 
covered by the National Safety Code for motor carriers. The facility 
audit may result in the initiation of enforcement activity;
    (D) ``Home Jurisdiction'' means the State, Province or Territory of 
a Party which a motor carrier maintains or designates as its principal 
place of business;
    (E) ``Implementing Agency'' for the United States means the Federal 
Highway Administration and for Canada means the Provincial or 
Territorial authority that has responsibility over safety regulations 
for transborder motor carrier operations and where a transborder motor 
carrier operates motor vehicles;
    (F) ``Motor Carrier'' means a person, or legal entity, who is 
responsible for the vehicle, goods or passengers, and the behavior of 
the driver;
    (G) ``Motor Carrier Safety Rating'' means a measure of a motor 
carrier's safety management controls in effect and an evaluation of 
motor carrier's performance with respect to safety standards by an 
Implementing Agency as determined by:
    (1) The results of a facility audit or motor carrier safety or 
compliance review conducted at the motor carrier's place of business 
covering the safety standards of Central Authority and an Implementing 
Agency; and
    (2) The motor carrier's performance as evidenced by a driver and 
vehicle roadside inspection or examination or other pertinent safety 
data;
    (H) ``Safety Review'' for the United States means an on-site 
assessment by the Federal Highway Administration to determine if a 
motor carrier has adequate safety management controls in place and 
functioning to meet safety standards. It includes a review of the 
records and operations of selected motor carriers, and is used to 
assign motor carrier safety ratings to unrated carriers or to change an 
existing rating of a motor carrier; and
    (I) ``Safety Standards'' means the motor carrier safety standards 
and regulations in effect of each Central Authority and Implementing 
Agency that apply to drivers, vehicles, motor carriers and the carriers 
of hazardous materials and/or dangerous goods. Safety standards include 
the management controls necessary to ensure compliance and performance 
with all applicable safety standards.
Article 2--Facilitation and Implementation
    The Central Authorities responsible for the facilitation of this 
Understanding will be the Department of Transportation for the United 
States and Transport Canada for Canada. The Implementing Agencies 
responsible for the implementation of this Understanding will be the 
Federal Highway Administration for the United States and the relevant 
Canadian Provincial or Territorial authorities.
Article 3--Obligations of Each Party
    Each Implementing Agency is responsible for monitoring a motor 
carrier's compliance and performance in the motor carrier's home 
jurisdiction. Each Implementing Agency is responsible for enforcing its 
motor carrier safety standards applicable to transborder motor 
carriers.
Article 4--Mutual Recognition
    (A) Each Implementing Agency will endeavor to establish a mutually 
compatible motor carrier facility audit or safety and compliance review 
program;
    (B) When an Implementing Agency of one Party, after consultation 
and review with the Implementing Agency of the other Party, determines 
that the motor carrier facility audit or safety and compliance review 
program of the Implementing Agency of the other Party is compatible, it 
will notify the relevant Implementing Agency;
    (C) Where the Implementing Agency of one Party has established a 
mutually compatible motor carrier facility audit or safety and 
compliance review program, the Implementing Agency of the other Party 
will recognize and accept its motor carrier safety rating;
    (D) In the event that a mutually compatible motor carrier facility 
audit or safety and compliance review program has not been established, 
an Implementing Agency of one Party is not required to recognize or 
accept the motor carrier safety rating of the Implementing Agency of 
the other Party;
    (E) Nothing in this Understanding will restrict or preclude 
representatives of the Central Authorities or Implementing Agencies of 
either Party from performing investigations, facility audits, or safety 
and compliance reviews of a motor carrier in the territory of the other 
Party when deemed necessary; and
    (F) This Understanding is intended to establish working 
arrangements among the Central Authorities and Implementing Agencies of 
both Parties and is not intended to create new international legal 
obligations between the Parties.
Article 5--Exchange of Information
    The Implementing Agency or Agencies of each Party will provide for 
the cost free exchange of motor carrier enforcement and safety rating 
data to the other Implementing Agency or Agencies of the other Party.
Article 6--Application of Laws
    A motor carrier of one Party must comply with all applicable laws 
and regulations while entering, within or leaving the territory of the 
other Party.
Article 7--Consultations
    The Parties may consult at any time on issues relating to the 
implementation of the Understanding. Such consultations will take place 
at the earliest possible date, but no later than thirty (30) days after 
a Party makes a written request, unless otherwise agreed.
Article 8--Termination
    Either Party may, at any time, give notice in writing to the other 
Party of its decision to suspend or terminate this Understanding. Such 
suspension or termination will take effect ninety (90) days after such 
notice.
Article 9--Amendments
    This Understanding may be amended at any time by agreement of the 
Parties. Any amendment will be effected by an exchange of diplomatic 
notes.
    In witness whereof, the undersigned, being duly authorized by their 
respective Parties, have signed this Understanding.
    Done at Washington this twenty-ninth day of April, 1994, in two 
originals, each in the English and French languages, the texts in each 
of the languages being equally authentic.
Federico Pena,
Secretary of Transportation.
For the Government of the United States of America
Douglas Young,
Minister of Transport.
For the Government of Canada
[FR Doc. 94-27001 Filed 10-31-94; 8:45 am]
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