Personal Questions

Evidence suggesting that the suspects in last month’s terrorist attacks were Arab nationals created uneasiness among not only Middle Eastern truck drivers hauling crossborder loads but among civil libertarians. Will Arab men driving trucks from Canada to the United States be scrutinized more rigorously now? Should they be?

Officials at the U.S. Customs Service say no. They emphatically deny they ever use race as a criterion for initiating a search or interrogation, and say their policies will not change because of the investigation into the events of Sept. 11. “We don’t profile,” says Dean Boyd, a spokesman for the U.S. Customs Service in Washington, D.C. “It has never been Customs policy. Never. It’s prohibited, and people can lose their jobs over it. Racial or ethnic background cannot be used as criteria for stopping and searching someone.” If anything, Boyd explains, Customs agents are being less selective now. “We’re conducting an increased number of examinations, being much more thorough, and, frankly, we’re pretty much searching anybody and everybody,” he says.

That means you and your drivers should be placing closer attention to the myriad requirements commercial truck drivers must meet before they’re allowed to enter the United States. The most important cargo coming across the border is the one behind the wheel, after all, since the driver is the person who is ultimately responsible for ensuring that the goods move smoothly to their destination. If a driver is rejected by immigration officials, the load will sit at the border until another driver is dispatched to take it. Nobody wants that, especially the driver who now has to walk home. So here are some requirements to remember:

Qualification Quiz

The United States accepts a provincial commercial licence as it would its own Commercial Driver’s Licence. It also recognizes the same violations. Driving privileges can be revoked if you are convicted of driving while under the influence; leaving the scene of an accident; transporting, possessing or illegally using a banned drug; or any felony involving a motor vehicle. Drivers must also provide once a year an updated list of traffic violations to their carriers, who must keep the list in the driver qualification file.

In 1999, the United States and Canada enacted a reciprocity agreement on basic medical qualifications. As a result, a provincial commercial driver’s licence is proof of medical fitness, although a number of medical conditions prohibit operation of a commercial motor vehicle across the border even if a driver has been granted grandfather rights or a waiver from his home province. These include drivers who are insulin-using diabetics, fail to meet minimum hearing or vision requirements, or have an established medical history or clinical diagnosis of epilepsy.

Employers must also conduct drug and alcohol testing as required under Parts 382 and 40 of the U.S. Motor Carrier Safety Regulations.

Immigration Issues

U.S. Immigration and Naturalization Service classifies truck drivers entering the U.S. as a non-immigrant Visitor for business, or B1. Such visas, issued by a U.S. Consulate, are good for a year. If you’re a citizen of Canada or another Commonwealth nation, you won’t need a B1 to work temporarily in the U.S. You just have to prove your citizenship at the border (birth certificate or passport will do) and show to the satisfaction of the inspectors that your stay is temporary. Landed immigrants from non-Commonwealth nations need a non-immigrant visa to work.

A criminal record may bar you from entry. If you believe you have a criminal history that will exclude you from entry, you can apply for a waiver but it involves an elaborate application process and a waiting period of up to eight months. If you’re granted a waiver, INS can issue you a border-crossing credential called an I-194 card.

There’s an important distinction to be made here. A waiver, issued by INS as a means of granting entry permission to an otherwise ineligible person, is different from a pardon, which seals the record of a criminal conviction in Canada.

An existing waiver must be renewed before its expiry date. In the past, waivers were granted for terms of up to eight or 10 years, but now INS seldom issues anything with a term longer than one year. That means you should begin reapplying at least six months before the current waiver expires.

“The biggest mistake a driver can make is to let the process slip,” cautions Paulette Gauthier-Roy of Pardons Inc., a Brampton, Ont., firm specializing in arranging pardons and waivers for truck drivers and other crossborder travellers. “Keep the waiver current and you’ll never have any trouble at the border.

Accountability at Customs

Drivers are held accountable for any error with the shipment and must know absolutely everything on the truck and have the paperwork to match the load before leaving the dock. They also need to know the name, phone, and fax number for the broker at the border and call if there are any concerns.

Mistakes can be costly. If you leave without the load being properly cleared, the fine is $5000 US for the first infraction and $10,000 thereafter.

Customs officials are not out to get you. To prove it, here are a few tips that may help your border clearance go smoothly:

Inspect the paperwork. Does it show accurate quantities and dollar values; name, phone, and fax number for the shipper’s broker; and the shipper’s Internal Revenue Service tax ID number?

Shipments that are quota items, perishables, or deemed high risk may require special inspection. For example, certain food items may require an inspection from the U.S. Food and Drug Administration in addition to customs clearance. If so, ask the shipper if these inspectors will be available once you get to the border.

Finished products that will be sold in the U.S., must have country-of-origin information (such as “Made in Canada”) appear on the outer retail packaging unit.

A driver who thinks there may be an error on his manifest or other paperwork should not make changes on his own before consulting with the Customs officer. Put down all the information you can think of on the paperwork. Every Customs officer will have his own way of doing things, and one will demand more information than another. Don’t get caught off guard and expect anything.

Have all your own personal paperwork in order-proof of citizenship, driver’s license, etc.-and avoid carrying personal firearms, narcotics that may be prohibited, fruits and vegetables, alcohol, or anything else that might trigger further inspection.

Be courteous. “It sure doesn’t hurt,” says one veteran diver. “Get on a guy’s bad side and he could have you unloading an entire shipment for inspection.” It doesn’t matter who you are.