NAFTA & USMCA Trucking Regulations

From NAFTA to the USMCA: What Changed for Cross-Border Trucking

The North American Free Trade Agreement (NAFTA) took effect in 1994 and opened trade between the United States, Canada, and Mexico. On July 1, 2020, it was replaced by the United States-Mexico-Canada Agreement (USMCA).

The trade agreement decides whether Mexican carriers can operate in the U.S. The safety rules they have to follow come from federal law and the Federal Motor Carrier Safety Administration (FMCSA). Those rules didn't go away when NAFTA ended. The USMCA also gave the U.S. the power to stop granting new long-haul authority to Mexican carriers if they're found to cause material harm to U.S. operators or drivers.

When a cross-border trucker or carrier ignores these rules and causes a crash, they can be held liable. Sometimes the fault traces back to employer negligence, like a company that knowingly puts an unqualified driver behind the wheel. If you were hurt in a crash with a cross-border truck, call our Houston truck accident attorneys today.

It's Crucial to Call a Lawyer Quickly After the Crash

Play Video

Federal Rules for Mexican Trucks on U.S. Roads

Every Mexico-domiciled carrier needs a USDOT number and FMCSA authority before it can operate in the U.S. 

There are two kinds of authority:

  • Commercial zone authority: Lets a carrier operate only in the border commercial zones next to cities like Laredo.
  • Long-haul authority: Lets a carrier haul international cargo beyond the commercial zones. The FMCSA began accepting long-haul applications from Mexican carriers in 2015.

Before a Mexican carrier gets long-haul authority, it has to pass a pre-authorization safety audit that checks its drivers, vehicles, insurance, and drug and alcohol testing program. It then operates under provisional authority for at least 18 months while the FMCSA monitors its safety record. It only gets standard authority after it earns a satisfactory safety rating.

Mexican carriers and drivers must also:

  • Carry insurance that meets federal minimums
  • Follow the same federal trucking regulations as U.S. carriers, including hours-of-service limits
  • Meet federal drug and alcohol testing requirements
  • Be able to read and speak English well enough to understand road signs and talk with officers, which has been enforced as an out-of-service violation since June 2025
  • Haul only international cargo, never loads that start and end inside the U.S.

Many of these requirements trace back to a 2001 federal spending law that set safety conditions Mexican carriers had to meet before they could drive beyond the border zones.

Who's Liable When a Cross-Border Truck Causes a Crash?

A crash with a cross-border truck can involve the driver,  Mexican carrier, U.S. company that shipped or received the freight, and freight broker that hired the carrier. Each one had a chance to stop an unsafe truck or driver from getting on the road. When a company chooses the cheapest carrier without checking its safety record, it's choosing profit over safety. These cases also come with extra hurdles. The carrier may have limited assets in the U.S., its records may be in Mexico, and its insurance may be the bare minimum. That's why it matters to look at every company in the chain.

Contact Arnold & Itkin About Your Cross-Border Truck Accident

At the firm, we believe negligent companies should be held responsible for their choices. That includes the freight brokers who select cross-border carriers. Our firm won a $604 million verdict against broker C.H. Robinson after it hired a carrier with more than a year of federal safety alerts on its record.

Our truck accident lawyers can help you protect your legal rights. Call (888) 493-1629 or fill out our online form for a free consultation.

Contact Us

Get Started with a Free Consultation

  • Please enter your first name.
  • Please enter your last name.
  • This isn't a valid email address.
    Please enter your email address.
  • This isn't a valid phone number.
    Please enter your phone number.
  • Please make a selection.
  • Please make a selection.
  • Please enter a message.