BCTA's role on cross-border issues is often to provide timely information on US or Canadian program requirements, or, especially through our participation in the industry's national association, the Canadian Trucking Alliance (CTA), to find solutions for the problems motor carriers can experience in dealing with government agencies on both sides of the border. Crossing the border has become more of an issue since the introduction of tighter security controls and programs in the late 1990s and early 2000s. The vigilance of CTA and BCTA has helped to mitigate the impacts on carriers. Members can influence change by providing feedback through surveys and consultation meetings, among other opportunities that BCTA provides for input.
Achievements
2011
- Provided feedback to the Canadian Trucking Alliance (CTA) and others regarding strategies for streamlining traffic flow across the border, including:
Mandatory e-manifests for US-bound empty trailers, which can speed conveyances through primary inspection by about 45 seconds (we communicated to CTA that only members who currently participate in the US Customs and Border Protection’s (CBP’s) e-Manifest program support this, while those who do not object to the additional costs for joining e-manifest and the time it takes to submit them).
- Discontinuing cash payments for the $10.75 user fee at the primary inspection booth, as long as there are alternative payment methods available (i.e., those who cross the border infrequently should not have to pay the full $205 annual transponder fee). Cash payments can add 30 to 60 seconds to processing time, with greater delays during shift changes by officers at the inspection booth.
With other members of the International Mobility and Trade Corridor Project, emphasized to US CBP and the Canada Border Services Agency (CBSA) the need to maintain Lynden/Aldergrove as a commercial crossing especially as capacity becomes more constrained, given that expanding infrastructure is not an option at the other crossings. In addition, recommended that CBSA mandate the use of transponders for Canada-bound commercial vehicles, to take advantage of the significant time savings that exist with this technology, especially given that many Canadian fleets are already equipped with US-required transponders.
With other industry associations in both Canada and the US, successfully advocated for the revision of International Registration Plan (IRP) provisions to clarify auditing standards for jurisdictions (to start after July 1, 2013, once systems are updated), and provide more flexibility in record keeping, restrict jurisdictions from penalizing for records that have already been audited, and improve guidance on what electronic records are acceptable for carriers. Additionally, there will no longer be an IRP-prescribed format for IRP record keeping, freeing registrants to use their own record-keeping systems and vehicle tracking technology.
Influenced CBP to temporarily allow Free and Secure Trade (FAST)/Customs-Trade Partnership Against Terrorism (C-TPAT) carriers transporting FAST/C-TPAT shipments to use the crossing at Lynden, which is normally a permit port, during the construction of a new primary inspection booth in lane 1 at the Pacific Highway from September 19 to October 17, 2011. CBP had initially recommended that FAST/C-TPAT carriers use the Sumas/Huntingdon crossing in Abbotsford during the lane closure.
Continued support for a CTA initiative to convince CBP to treat in-transit loads as domestic cargo. The US & Canada have implemented an In-Transit Pilot Project to test streamlined procedures for submitting electronic data for in-transit shipments. Although the pilot requires full commercial data for goods moving in-bond through the US, CTA will argue during the public comment period that this requirement is unnecessary, inefficient and detrimental to trade, especially for carriers participating in trusted trade programs. CBSA already allows similar shipments to travel through Canada as domestic goods.
Provided member feedback and support for CTA and others in the development of a new, streamlined, automated Canadian Food Inspection Agency (CFIA) inspection notification process for meat shipments from the US. The new procedure allows CFIA's National Import Service Centre to review all meat import requests up to 72 hours before a shipment arrives at the Canadian border and decide whether inspection is required.
Convinced US CBP to maintain a southbound FAST approach lane at the Pacific Highway crossing but without a dedicated FAST primary inspection booth. BCTA recommended this option in response to CBP’s pilot project that opened the FAST lane to all commercial traffic between March 21 and April 19, 2011. The new arrangement strikes a balance between reducing border wait times for all commercial traffic while retaining benefits for FAST/ C-TPAT participants. The recommendation is one of three potential options that received approval from BCTA members. The others included:
Maintaining a FAST approach lane and primary inspection booth but allow other trucks that meet two of the current criteria to use the dedicated lane and booth (i.e., FAST/C-TPAT carrier AND FAST driver)
Maintaining a FAST approach lane and primary inspection booth, but allow other trucks that meet at least one of the FAST criteria to use the dedicated approach lane and primary inspection booth (i.e., FAST/C-TPAT carrier OR C-TPAT cargo/importer/shipper OR FAST driver)
Our efforts included arranging a meeting on June 15, 2011, between government representatives and FAST/C-TPAT carriers from among the membership to allow a face-to-face discussion about the potential implications of permanently eliminating the FAST lane and to explore other potential options.
2010
Supported CTA in achieving changes to the Administrative Monetary Penalty System (AMPS) in April 2010, including significantly reduced penalties and a national framework for consistent and fair application. Carriers who voluntarily disclose non-compliance prior to audit will also no longer receive AMPS penalties.
Influenced a broader application of the CBSA's letter of authorization policy in August 2010 for carriers using the Aldergrove border crossing.
2009
Convinced CBSA to continue to process commercial vehicles at the Aldergrove border crossing after an announcement in May 2009 that it would no longer allow trucks to use the crossing. We continue to work with stakeholders to build the business case to grant Aldergrove permanent and full commercial status.
CBSA accepted a CTA/BCTA recommendation to allow in-bond movements to a secure inland facility when pre-arrival data is incomplete, as long as the motor carrier participates in a low-risk cross-border security program such as CBSA's Partners in Protection (PIP) or the US C-TPAT.
For the US Transportation Worker Identity Credential (TWIC) program, worked with CTA to clarify policies at Port of Seattle and Tacoma terminals and to provide informed advice in the face of conflicting US policies on issues such as application requirements and card pickup locations. (TWIC is a program for all personnel, including commercial drivers that require unescorted access to secure areas of facilities and vessels regulated by the US Marine Transportation Security Act.)
Supported CTA in a successful campaign to change a US requirement for customs brokers and importers to declare the genus, species and country of origin for all goods entering the US that contain plant or wood products, which was so broadly worded that it included shipping boxes and drivers' paper lunch bags.
With feedback from members, convinced US CBP to delay enforcement of its requirement for manifest and entry for cargo residue. Under this rule, bulk liquid tanker carriers would have to estimate and declare any residual cargo or wash out containers prior to approaching the border.
2008
Provided feedback to CTA on CBSA's proposed suspension and cancellation criteria for members of the PIP program. CTA subsequently succeeded in having the original proposal overhauled to include an appeal process and avenues for carriers to work with CBSA to correct security deficiencies prior to suspension.
Convinced the CFIA to reverse amendments to Policy Directive D-95-08, which required a phytosanitary management system (PSMS) and certificate for fresh fruits and vegetables travelling from the US through Canada. Many companies that do not directly export fruit and vegetables to Canada but merely transport them in-bond through Canada (e.g., from the US through Canada to Alaska), do not have a PSMS system in place or any means of obtaining a certificate. At BCTA's request, CFIA also agreed to notify CTA prior to changing regulations or policy directives in future.
Supported CTA's successful effort to convince US CBP to implement a contingency plan to avert cross-border chaos on January 1, 2009. Problems with CBP's new Decal and Transponder Online Procurement System (DTOPS), including delays, technical glitches, and a huge backlog of renewals and applications, meant that many transponders would not have been functioning on January 1, regardless of whether companies had already paid a transponder fee. The contingency plan allowed carriers with proof of application and payment for a new transponder to cross the border for eight weeks beyond the original deadline while the US dealt with an application backlog.
CTA's intervention saved cross-border carriers with proof of renewal and application requests from spending both time and money on an additional per-crossing fee of US$10.75.
2007
Supported CTA in its position that there should be one card, such as the FAST card, for identification and security purposes for truck drivers and that all other systems and programs should be developed to support this. Lobbying by CTA resulted in US acceptance of the FAST card as a passport substitute under the US Western Hemisphere Travel Initiative (WHTI) and the FAST background check for the TWIC program.