2005 Legislative Updates
2005
President signs the 2006 DOT/Treasury/HUD Appropriations bill
The President has signed the 2006 DOT/Treasury/HUD Appropriations bill. This means that funding is now assured through September 30, 2006. For more details on the bill, see our Legislative Update of November 21, 2005.
2005
Congress Completes Action on Transportation Programs for FY 2006
On Friday, November 18, Congress completed action on the FY 2006 Appropriations bill that funds Department of Transportation agency programs including those of the Federal Motor Carrier Safety Administration. The President is expected to sign the bill after he arrives back in the country from his Asian trip. Until that time, the Continuing Resolution funding all programs at FY 2005 levels remains in effect (hopefully, only for a short period of time).
The funding levels in the new 2006 bill exactly mirror those provided for in the recently passed highway reauthorization bill.
Attached for your review is a copy of the Conference Report language. On page 3, the new program replacing CVARS is the new Safety Data Improvement Grant Program listed under motor carrier safety grants. On page 4, the Conference deleted language that had been in the Senate bill prohibiting use of federal funds to enforce the hours-of-service rule issued on April 16, 2003 as it applies to utilities and motion picture producers because of provisions in the new highway bill providing for a total hours-of-service exemption for the utility industry and keeping the old hours-of-service rules (prior to April 16, 2003) in place for movie producers.
House and Senate Appropriations Committee Report 
2005
Transportation Appropriations Bill for 2006 Passes Senate
The Senate recently passed the 2006 DOT/Treasury/HUD Appropriations bill, increasing the possibility that a Conference with the House can be concluded and the final Conference Report passed, by Thanksgiving. Motor Carrier Safety programs at both the federal and state level are currently being funded at 2005 levels preceding Reauthorization under a Continuing Resolution that expires on November 18 (see October 4, Legislative Report).
However, even if action on the 2006 Appropriations bill is completed by Thanksgiving, there is no guarantee that the President will sign the bill. It funds highways at levels above those provided for in the Reauthorization bill and does not contain AMTRACK reforms recommended by the White House. In total, there are 8 different provisions in the bill (including the two mentioned above) that are objectionable to the White House.
It is expected that the 2006 House-Senate Conference will resolve funding differences with respect to motor carrier safety in favor of the 2006 levels in the new highway bill. This includes all motor carrier safety programs, including MCSAP and other state motor carrier grant programs that are as follows:
$188 M: MCSAP (includes $29 M for state new entrant programs)
$ 25 M: CDL Improvement Grants
$ 32 M: Border Programs
$ 5 M: PRISM Grants
$ 25 M: CVISN
$ 2 M: Safety Data Improvement Grants
$ 5 M: CDLIS Modernization Grants
Attached for your review are copies of both the House and Senate Appropriations Committee Reports accompanying the passage of their respective bills. The report language is a good indication of how Congress assesses the various motor carrier safety programs. Please call if you have any questions about the funding levels or the Report language.
House and Senate Appropriations Committee Report
2005
Congress Passes Appropriations Continuing Resolution through November 18
Although the Reauthorization bill is now in place, failure of the Congress to complete work on the 2006 DOT Appropriations bill will delay the spending increases and new programs provided for in the Reauthorization bill.
On Friday, September 30, the Congress approved a Continuing Resolution that will set the level of spending through November 18 of this year. It provides that spending limits through this period will be determined by either the House-passed FY 2006 Appropriations bill funding DOT or the completed FY 2005 Appropriations bill funding DOT, whichever is lower.
For example, in the case of MCSAP, the 2005 bill determines the level which in this case is $169 million, not the House-passed 2006 bill that funds MCSAP at $188 million, which is the new reauthorization level for 2006. Other state grant programs such as the CDL improvement and border grant programs may be similarly affected. Of the 2005 funding levels, only a prorated amount through November 18 will be allocated to the states.
FMCSA reports that no new programs are being funded. It recommends that a state with a unique or special request should contact the FMCSA State Programs Office.
2005
Summary of Title VII
Attached is a summary of Title VII, Hazardous Materials Transportation, in the recently passed reauthorization bill. The summary was prepared by Bruce Bugg, Special Projects Coordinator, Georgia Department of Motor Vehicle Safety, and Chairman of CVSA's Hazardous Materials Committee.
2005
August 10, 2005
As we reported yesterday, we plan to send you analyses of other important highway safety sections in the Highway bill prepared by the groups who worked those issues during the reauthorization process.
Attached is a summary prepared by the Governors Highway Safety Association of key provisions in Title II, Highway Safety, covering the behavioral safety provisions, and in Title I, Subtitle D, Highway Safety, covering safety infrastructure issues.
We expect to have summaries of Title VII, Hazardous Materials Transportation and Subtitle C, Intelligent Transportation System Research, available soon.
2005
TEA-LU Follow Up
This is a follow-up to the July 30 and August 3 Updates on the recently passed Reauthorization bill known as TEA-LU. An attachment that is a section-by-section analysis of Title IV, Motor Carrier Safety, accompanies this update and it serves as a comprehensive reference guide to all of the issues covered in this Title. The President is expected to sign the bill on Wednesday, August 10.
This report will primarily focus on those issues that CVSA's Ad Hoc Reauthorization Committee identified as major issues in early 2002 as well as significant new items that have been included in the bill as the process evolved over the last several years. For the most part, the major goals of the Committee were realized. However, as is the case with any major bill such as this one, toward the end of the process various groups enter into the picture seeking their special provisions and exemptions such as hours-of-service. These issues are more difficult to track and deal with. Working with other safety groups we were successful in keeping the Boozman amendment out of the bill that would have extended the on-duty time for drivers by two hours. Joint efforts were also successful in holding back attempts to broaden the agricultural exemption even more by including processed food. Unfortunately, the utility industry had their hours-of-service exemption locked-in very early in the process.
As you review this report along with the section-by-section analysis, you will find items in the bill that open new opportunities as well as responsibilities for the states and also have an impact on strategic areas of CVSA activities. Very likely there will be more discussion of the bill from this broader perspective in the days to come, especially after you have studied it.
Bruce Bugg, Chairman of CVSA's Hazardous Materials Committee is reviewing Title VII of the bill that covers Hazardous Materials Transportation. We will send his report to you.
There are sections of the bill that deal with other areas of highway safety that we did not concentrate on in the reauthorization process. Subtitle D of Title I deals with highway safety infrastructure issues and Title II deals with automobile driver behavioral issues such as primary safety belt use laws and alcohol-impaired driving countermeasures. As soon it is available we will send you an analysis of these titles prepared by the Governors Highway Safety Association.
Also, we will share an analysis of Title V, Research, that includes Intelligent Transportation Systems (ITS) issues that is being prepared by ITS-America.
MCSAP Funding (4101):
Overall Funding Level
The TEA-21 ceiling was $169,000,000. Under the new bill, the ceiling increases to $188,000,000 in 2005 and increases to $209,000,000 in 2009. The 2009 ceiling will reflect a 24% increase from the TEA-21 ceiling. While this is a modest increase, when the new state grant program funding allocations described later in this report are added to the MCSAP amount, the total amount of motor carrier safety enforcement funding available to the states will be significantly increased.
It also should be noted that with respect to MCSAP, the authorized amount for FY 2005, which ends in less than 60 days, was increased by $19,400,000 (from $169,000,000 to $188,400,000). It is not yet known how the House and Senate Appropriations Committees will make this available for distribution to the states. The House has already completed action on the 2006 DOT Appropriations bill. On the Senate side, the bill will come up on the Senate floor sometime in September. Then, as usual, there must be a conference to resolve any difference.
MCSAP remains an 80/20 matching program. However, see Section 4307 under the Unified Carrier Registration Plan for language allowing state revenues from the new plan to be used as matching funds for MCSAP and other state grant programs
Total State Grant Funding for 2006:
| $188,000,000 | MCSAP |
| $25,000,000 | CDL |
| $32,000,000 | Border |
| $5,000,000 | PRISM |
| $25,000,000 | CVISN |
| $2,000,000 | Safety Data Improvement |
| $5,000,000 | CDLIS Modernization |
| $282,000,000 | Total |
Total FMCSA Administrative Funding for 2006:
$213,000,000
Total State Grant Funding for 2009:
| $209,000,000 | MCSAP |
| $25,000,000 | CDL |
| $32,000,000 | Border |
| $5,000,000 | PRISM |
| $25,000,000 | CVISN |
| $3,000,000 | Safety Data Improvement |
| $9,000,000 | CDLIS Modernization |
| $308,000,000 | Total |
Total FMCSA Administrative Funding for 2009:
$234,000,000
Takedowns
The takedowns from MCSAP have been reduced from five to three preserving as much funding as possible for the core state grant programs. The accident causation study and safety incentive grant takedowns have been eliminated. The accident causation takedown had run as high as $5 million annually and the safety incentive grant takedown amounted to 10% of the overall MCSAP allocation. The 5% border assistance takedown was eliminated in favor of a separately funded border grant program, Section 4110, for both the southern and northern borders.
The High-Priority, Section 4107a, (capped @ $15 million annually) and Training & Administration (averaging about $2.5 million annually) takedowns remain and the New Entrant takedown, Section 4107, has been added at $29 million annually.
An analysis of the MCSAP annual funding levels with the takedowns is as follows:
Fiscal Year 2006
| $188,000,000 | Total MCSAP |
| -15,000,000 | High Priority Grants |
| -29,000,000 | New Entrants |
| -2,500,000 | Training & Administration |
-----------------------------------------------------------------------------------------
$146,500,000 Core State Grant Programs (TEA-21 level was $133,350,000)
The core state grant programs (after takedowns) will increase to:
$150,500,000 in 2007
$155,500,000 in 2008
$162,500,000 in 2009
The High Priority Grants are 100% money and are to be used to further national safety goals. Safety performance criteria will be used in distributing grants to the states. Up to 90% of this takedown is guaranteed for the states in order to guard against significant earmarking of this item for private entities.
New Entrant Grants are also 100% money. The $29 million comes close to CVSA's recommendation of $30 million based on a member needs survey.
New Features of State Safety Plan
As reported above, the safety incentive grant (performance based) program was eliminated and the criteria for those grants have, for the most part, been incorporated into the requirements for the basic state safety plan, Section 4106 (a). In addition, a new safety data grant program has been established providing a separate source of funding to upgrade state data systems. Safety data had been a major criteria for the safety incentive grants. This new program will be reported in more detail further on in this report (4108).
The state safety plan must include performance based activities and technology deployment; accurate, complete and timely data collection and upload; CMV and Non-CMV best driving practices in the vicinity of Non-CMVs and CMVs for inclusion in state driving manuals; enforcement of operating authority (see also Section 4139 on operating authority enforcement assistance for states) and comprehensive and visible traffic enforcement and truck safety inspection programs in high-risk locations and corridors.
A new element of a state safety plan can be traffic enforcement not tied to an inspection against commercial motor vehicles and non-commercial motor vehicles, Section 4106 (b). The amount of the basic MCSAP grant that can be used for these efforts cannot exceed 5% annually unless the Secretary determines a higher percentage will significantly increase safety. Also, the number of motor carrier safety activities (including roadside safety inspections) must be maintained at a level at least equal to the average of FY 2003, 2004, and 2005. The Conference Committee intends this new authority to be used in direct relation to conducting highly visible roadside enforcement activities in high crash corridors. Traffic enforcement was an issue of much discussion and deliberation in CVSA's ad hoc Reauthorization Committee.
In addition, MCSAP grants funds may be used to enforce truck size and weight and drug interdiction laws.
Commercial Driver License Program:
There are four sections of the bill that deal with the program and should be reviewed collectively to get the complete picture of the importance the Congress places on the CDL program.
CDL State Grant Program (4101):
This section funds the new program at $25,000,000 annually from 2006 through 2009 with 100% money.
Commercial Driver's License Improvements (4124):
This section describes the purposes of the above state grant program with priority given to states that will use the funds to comply with MCSIA'99. A state self-assessment of its own CDL program is among the grant requirements. Up to 10% of the annual grant program allotment can go for high priority activities that benefit all jurisdictions and up to another 10% can go for "emerging" issues relating to CDL improvements.
CDLIS Modernization (4123):
This section provides for a comprehensive revamping of CDLIS. It requires the Secretary to develop and publish a comprehensive national plan to modernize all relevant information systems. It also establishes an 80/20 grant program for the states to modernize the state CDL information system that is funded at $5,000,000 in 2006; $7,000,000 in 2007; $8,000,000 in 2008 and $9,000,000 in 2009. Many of the specific requirements for modernization result from CVSA's self-assessment studies. This was determined as a high priority need by CVSA's Reauthorization Committee.
CDL Task Force (4135):
The Secrectary is directed to convene a task force to study and address current impediments and foreseeable challenges to the CDL program and prepare a report within two years of passage of the bill. Issues to be studied are state enforcement practices, operational procedures to detect and deter fraud, needed improvements for seamless information sharing between States, adequate proof of citizenship, updated technology and timely identification from judicial bodies concerning traffic and criminal convictions of commercial drivers license holders.
State Border Enforcement Grants (4101 and 4110):
This program is funded at $32,000,000 annually for both the southern and northern borders and is 100% money. Grant money may be used for purchase of land and buildings. No federal activity will be conducted with the use of this money.
Performance and Registration Information System Management (PRISM) (4101 and 4109):
This program is funded at $5,000,000 annually from 2006 to 2009. This section strengthens the program and re-emphasizes the need to continue to implement it.
Commercial Vehicle Information Systems and Networks Deployment (CVISN) (4101 and 4126):
This program is funded at $25,000,000 annually from 2006 to 2009 and is re-established as a state grant program under FMCSA. It had been a discretionary program with FHWA and as such was not a guaranteed and consistent source of funding for states to deploy CVISN. The realignment means that all states will have the opportunity to complete core deployment and expand deployment beyond the core program. Up to $2,500,000 may be available to a state for core grant and up to $1,000,000 for an expanded deployment grant.
Sometimes an inter-agency realignment such as this one can be difficult to achieve. This was another major priority of CVSA's Reauthorization Committee.
The federal share under this program is 50%, but up to 30% of federal funds from other sources can be used for the match up to 80%. This is an exception to the rule that otherwise precludes using other federal funds to constitute a state match.
Safety Data:
State Data Improvement Grants (4101 and 4128):
These sections establish a new state grant program for activities to improve the accuracy, timeliness, and completeness of motor carrier safety data and funds it at $2,000,000 in 2006 and $3,000,000 annually from 2007 to 2009. It is an 80/20 matching program. The conferees expressed concern that without additional funding, states may have trouble improving their data reporting.
Data Quality Improvement (4108):
This provision emphasizes the responsibility of the Department of Transportation to make sure all data is complete, timely and accurate across all information systems and initiatives and establishes a national motor carrier safety data correction system. This section was initiated due to the concern over weaknesses in the SafeStat system.
Interstate and Intrastate Operations of Motor Carriers (4114):
This section provides that a federal safety determination that an interstate motor carrier is unfit would halt both its interstate and intrastate operations while a state safety determination that intrastate carrier is unfit would halt both its intrastate and any interstate operations.
Chassis Roadability (4118):
This provision establishes that equipment providers are responsible for maintaining intermodal chassis and vests authority with the Department of Transportation to inspect intermodal equipment and place equipment out of service that fail to comply with applicable safety regulations. It also requires FMCSA to promulgate regulations covering the systematic maintenance, repair, inspection and shared responsibility of intermodal equipment traveling on American's highways. The rulemaking process is to begin within 120 days of passage of the bill and issued within 1 year of passage.
The conferees support an inspection system that will maximize the use of available technology, including electronically verified visual inspections.
Unified Carrier Registration Act of 2005 (4301 - 4307):
These provisions eliminate the Single State Registration System (SSRS) and provide for a single, federal on-line system merging all federal and state motor carrier registration and information systems. The plan provides replacement revenue for all current participating SSRS states (38) and provides an allocation for new states joining the plan. This is important because a number of states have been using SSRS revenue for motor carrier safety enforcement. To raise revenue for replacement funding, the new UCR plan replaces a per vehicle fee with a per carrier fee and includes all motor carriers rather than just for-hire vehicles, which is the only industry group covered in the current SSRS program.
Under Section 4305, participating states must submit a plan demonstrating that an amount (of dollars) at least equal to the revenue derived by the State from the unified carrier registration agreement shall be used for motor carrier safety programs, enforcement, or administration of the UCR plan and UCR agreement.
In addition, under Section 4307, amounts generated under the UCR agreement and received by a State and used for motor carrier safety purposes may be included as part of a State's matching share for motor carrier safety grants, including the MCSAP grant.
The structure and functions of the new UCR plan are comprehensive. It will be necessary for representatives of state motor carrier safety enforcement agencies, along with other state agency and federal officials, to play a role in the administration of this new plan. We anticipate providing more details on the operation of this plan upon further review.
Hours-of-Service Exemptions:
Agricultural Commodities and Farm Supplies (4130):
This keeps the exemption at the 100 mile radius and to planting and harvesting seasons except that it applies to livestock feed at any time of the year. However, it expands the definition to include feed, fiber, and livestock, which includes meat, poultry and fish that are not commodities grown from the soil. The effort on the part of some groups in the industry to include processed food under the exemption failed.
Operators of Utility Service Vehicles (4132):
This provision totally exempts utility drivers from hours-of-service rules. In addition, states, local governments, and state compacts are prohibited from imposing hours-of-service regulations on these drivers.
Additional Exemptions:
The 24-hour restart for the 60/70-hour rule is reaffirmed for well water drilling drivers (4130). Movie producers remain subject to the old rules (4133). Grape growers in New York State are exempt from hours-of-service and all other motor carrier safety regulations except the CDL requirement within a 150-mile radius west of Interstate 81 (4146). Propane drivers operating during the winter heating season and propane drivers responding to emergency conditions are exempt from hours-of-service and all other motor carrier safety regulations except the CDL requirement (4147). An emergency condition does not include requests to fill empty gas tanks.
Driveway Saddlemount Vehicles (4141):
This provides for a new national standard on the Interstate Highway System for saddlemount vehicles that is a vehicle length combination of not less than or more than 97 feet on a driveaway saddlemount with full mount vehicle transporter combinations. Efforts to allow this increased length through the permitting process in the states did not succeed.
CVSA Decal (4137):
This specifies that CVSA may not restrict the sale of its inspection decals to FMCSA unless FMCSA fails to meet its responsibilities under its memorandum of understanding with CVSA.
Foreign Commercial Vehicles (4139):
Not later than 180 days after the date of enactment of this Act, the FMCSA Administrator must conduct outreach and provide training as necessary to State personnel engaged in the enforcement of Federal motor carrier safety regulations to ensure their awareness of the process to be used for verification of the operating authority of motor carriers, including motor carriers of passengers, and to ensure proper enforcement when motor carriers are found to be in violation of operating authority requirements.
Truck Parking (1305 in Title I):
This section establishes a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System. Annual amounts of $6,250,000 for 2006 through 2009 are authorized. Eligible projects include constructing safety rest areas that include parking for trucks; constructing truck parking facilities adjacent to commercial truck stops and travel plazas; opening existing facilities to truck parking that include inspection and weigh stations and park-and-ride facilities; promoting the availability of publicly or privately provided truck parking using ITS systems and other means; constructing turnouts for trucks along the National Highway System; making capital improvements to public truck parking facilities currently closed on a seasonal basis to allow the facilities to remain open year-round; and improving the geometric design of interchanges on the National Highway System to improve access to truck parking facilities.
State Strategic Highway Safety Plan (1401 in Subtitle D of Title I):
In developing a state strategic highway safety plan, this provision requires the state Transportation Department to consult with a number of state groups that include, among others, the Governor's Highway Safety Representative, State and local traffic enforcement officials, representatives conducting a motor carrier safety program and motor vehicle administration agencies. A highway safety improvement project is one that corrects or improves a hazardous road location or addresses a highway infrastructure safety problem.
2005
President Expected to Sign Bill Next Week
Although the new bill passed both the House and Senate on July 29, another extension was passed through August 14, allowing time for the President to schedule a bill signing ceremony sometime during the week of August 8.
As we go through the text of the recently passed Reauthorization bill, it has become apparent that it may take a few more days before we can prepare a more complete analysis of the bill than our Update of July 30 on issues that are important to motor carrier enforcement.
We regret an error in our earlier report on Maintenance of Effort (Section 4106). The actual language reads: "maintained at a level at least equal to the average level of that expenditure for the 3 full fiscal years beginning after October 1 of the year 5 years prior to the beginning of each Government fiscal year." As an example, for FY 2005, go back 5 years to FY 2000, then go forward to the state's next full Fiscal Year, which for most states would be July 2001. Then take the average over 2001, 2002, and 2003.
We also neglected to report that the bill did not codify the existing hours-of-service regulations, nor include any elements of the Boozman amendment that would have increased the off-duty time two hours by not requiring rest periods and meal breaks to be logged within the current 14 hour on-duty requirement. This means that FMCSA, according to the decision of the D.C. Circuit Court of Appeals in July 2004, must issue a new hours-of-service rule by September 30 of this year.
2005
House Passes Highway Reauthorization Conference Bill; Senate Expected to Act by Tomorrow
The following is a brief summary of key provisions affecting the states. A more detailed analysis will be sent once we have reviewed the complete text of Title IV in HR 3.
CVSA Decal (Section 4137):
Reaffirms the CVSA decal program by specifying that: "The Commercial Vehicle Safety Alliance may not restrict the sale of any inspection decal to the Federal Motor Carrier Safety Administration unless the Administration fails to meet its responsibilities under its memorandum of understanding with the Alliance (other than a failure due to the Administration's compliance with Federal law).
MCSAP (4101):
Increases the allocation from $188,000,000 in 2006 to $209,000,000 in 2009. TEA-21 ceiling was $169,000,000.
CDL State Grants (4101):
Funds the program at $25,000,000 annually from 2006 through 2009 (100% money) for the purpose of assisting the states to comply with the requirements in MCSIA'99. State grant application should include a self-assessment of its CDL program.
State Border Grants (4101):
Funds the program at $32,000,000 annually from 2006 through 2009 (100% money). Physical infrastructure is considered an eligible expense.
PRISM (4101):
Funds the program at $5,000,000 annually from 2006 to 2009.
CVISN (4101):
Funds the program at $25 million annually from 2006 to 2009 and affirms it as a state grant program administered by FMCSA. It was a discretionary program within FHWA.
Safety Data Improvement Grants (4101):
Funds the program at $2,000,000 in 2006 and at $3,000,000 annually from 2007 to 2009.
Maintenance of Effort (4106):
It is to be based on the average of the three fiscal years beginning on October 1 of the 5th year prior to each fiscal year. As an example, for 2005, go back to 2000 and calculate the average of 1997, 1998, and 1999.
Traffic Enforcement (4106):
MCSAP funds can be used for traffic enforcement against trucks (not tied to an inspection) and cars as long as basic truck inspections are maintained at the average of those done in 2003, 2004, and 2005 and the amount of funds does not exceed 5% of the MCSAP grant unless the Secretary determines a higher % will improve safety.
High Priority Takedown (4107):
Can be allowed up to $15,000,000 annually and at least 90% of the amount shall be allocated to states as opposed to private entities (to guard against earmarks).
New Entrants (4107):
Provides for a line item under MCSAP at $29,000,000 annually. It is 100% money.
Roadability (4118):
The more detailed provision of the Senate was adopted specifying a rulemaking within 120 days of passage of the bill to ensure that equipment used to transport an intermodal chassis is safe. The rulemaking must address a way to identify the equipment owner, a civil penalty structure, a petition process, and an inspection system.
CDLIS Modernization (4123):
The more detailed provision of the Senate was adopted specifying what the modernization should include. It is funded at $5,000,000 in 2006; $7,000,000 in 2007; $8,000,000 in 2008 and $9,000,000 in 2009.
Uniform Carrier Registration System (Sections 4301 to 4308):
The Senate version was adopted providing replacement funding to the states to be used for motor carrier safety including the MCSAP match.
Hours-of-Service Exemptions:
Agricultural Commodities (4130): Adopts the "relatively" more narrow version of the Senate that does not include processed foods.
Utilities(4132): Unfortunately adopts the provisions in both the original Senate and House bill providing for a total exemption.
Well Water Diggers (4132): Reaffirms the 24 hours restart provision for this group.
Movie Producers (4133): Keeps them under the old rules.
Grape Growers (4146): Seasonal hours-of-service exemption is extended to 150 miles west of Interstate 81 in New York state.
Propane and Pipeline Repair Drivers (4147): Propane drivers are exempt during the winter heating season and pipeline repair drivers are exempt en route to emergency repairs.
2005
Agreement on Highway Conference Issues Near; but Additional Time Needed
Since the last Legislative Update (July 15), the House and Senate have passed two more extension bills. Late last night, they passed the 10th stopgap measure providing a six day extension to midnight on Wednesday, July 27.
Reports appear to indicate that the Conferees are close to agreement on highway and transit funding formulas for distributing those funds to the states. If true, this means that a final Conference Report on the Highway bill could be completed sometime next week before the Congressional August recess. We will not be able to report on the details of the Conference Report until it passes.
2005
One More Highway Extension Likely
It now appears that the Congress will not finish work on the highway, transit, and highway safety programs reauthorization bill by Tuesday, July 19, when the current extension of these programs expires.
Another extension (the ninth one since Sept. 2003) will be necessary to allow for completion of the Conference before the Congress adjourns for the summer recess on July 28. During a "wrap-up" on the House floor yesterday, House Majority Leader Tom Delay (R-Texas) said "certainly it will be ready in the next two weeks."
Motor carrier safety policy and funding issues are still being decided and we won't know the outcome until the Conference is completed.
2005
Reauthorization Conference Not Finished; New Extension Deadline of July 19 Set House to Vote on DOT FY 2006 Appropriations Bill Today
House and Senate Conferees on the Highway, Transit, and Highway Safety Reauthorization bill failed to complete negotiations on a final bill by the deadline of June 30 as specified in the last TEA-21 extension bill necessitating yet another extension (the eighth one since September 2003.) The House and Senate are expected to pass (and hopefully the President will sign) another extension bill today that would set a new deadline of July 19.
Unresolved issues remain that relate to formula apportionment and earmarking of highway construction funds to the states as well as the transit portion of the bill. While progress is reportedly being made on motor carrier safety issues, details of any agreements reached are not yet known. We will advise you when we learn any definitive information on what has been agreed to. It is likely we will not know all of the details until the Conference has actually been completed.
On a more positive note, today the House is expected to pass the Appropriations bill funding DOT programs for Fiscal Year 2006. It funds state motor carrier safety programs at increased levels that have been established in the House passed Reauthorization bill. The fact that the Appropriations Committee expects the Reauthorization bill to pass is a positive sign.
The overall level of funding for state motor carrier safety programs is set at $286,000,000. That is $97,520,000 higher than in FY 2005. This would take MCSAP core state grant programs from $133 million to at least $152 million and also would include funding for new entrant, CDL, border, PRISM, Safety Data, CDLIS Modernization, and CVISN state grant programs.
The Senate Appropriations Committee is expected to take up the DOT FY 2006 spending bill the second week in July.
If the Reauthorization passes by the new deadline of July 19 and the House and Senate DOT Appropriations bills pass by the end of July (or by Sept. 30,) for the first time in several years, we will go into a new fiscal year starting October 1 actually knowing the full amount of funding available to the states for the entire year. (Light an extra candle---a Roman candle or firecracker will do---and hope that all of this comes to pass!)
2005
House and Senate Pass One-Month Extension of the Highway Bill
Last night, the House passed a one-month extension of spending authority for highway, transit, safety and motor carrier safety programs. The Senate followed suit earlier today. The President is expected to sign the bill into law before the May 31 expiration date.
In order to get the Conference process started so the Highway bill can be passed before the new expiration date of June 30, the House is expected to name conferees later today. Whether the Senate will name its conferees before adjourning tonight for the Memorial Day recess is uncertain. Both Chambers will reconvene the week of June 6.
2005
Highway Bill Passes Senate; Conference Not Yet Under Way
On Tuesday, May 17, the Senate passed its version of the Highway bill by a vote of 89-11, setting the stage for a Conference with the House.
However, no Conferees have been appointed. As of this writing, the Senate Majority and Minority Leadership have not yet decided on the number of Democrats and Republicans who should be part of the Conference.
Therefore, it is all but certain that work on the Conference bill will not be finished by May 31, which is the expiration date of the current short-term extension of TEA-21. Some form of extension will be necessary and reportedly the Senate and House leadership are discussing it. As soon as we know the details, we will report them.
Thus far, states have received nine months (three-fourths) of their Fiscal Year 2005 MCSAP funding. The type and length of the next extension will determine how the funds for the remaining quarter will be allocated.
There were no significant changes on motor carrier safety issues in the Senate-passed bill from what we reported in the May 5th Legislative Update as it came out of the Senate Commerce Committee. The section on Decals (7126) remains unchanged and reads: "The Commercial Vehicle Safety Alliance may not restrict the sale of any inspection decal to the Federal Motor Carrier Safety Administration unless the Administration fails to meet its responsibilities under its memorandum of understanding with the Alliance (other than a failure due to the Administration's compliance with Federal law)". CVSA supports this language.
Finally, this correction should be noted with respect to the May 5th Legislative Update. We reported on Section 4116 in the House bill, Driveaway Saddlemount Vehicles, as referring to automobile transporters. It does not. It refers to the transportation of new trucks. We apologize for the error. The provision would increase the overall length of a saddlemount with fullmount vehicle transporter combinations to 97 feet from 75 feet. The effect would be to allow up to four new trucks in "piggyback" combinations. CVSA opposes this provision. At this time, these loads are regulated by permit in the states confining their operations to the limited number of roads that can accommodate these lengths.
2005
Senate Commerce Committee Reports Safety Title; Senate Floor Debate on Reauthorization Gets Underway
On April 14, the Senate Commerce Committee reported the Safety Title of the Reauthorization bill that will be merged with the Highway Title during consideration of the Highway bill that began on April 26 on the Senate floor. However, debate will not be completed and the bill passed until at least the 2nd week of May. (The Senate is in recess this week.) It is hoped the bill will pass the Senate by Friday, May 13.
However, an unknown variable is the so-called "nuclear option" for ending filibusters of Presidential Judicial nominees. This issue has the potential to bring the Senate to a grinding halt. But, assuming the bill does pass by Friday the 13th, this would leave only two weeks for a House-Senate Conference to resolve differences. It is unlikely that the Conference could be completed in this two-week period. Thus, another extension of TEA-21 beyond May 31 (the current extension deadline) may be necessary.
When the Safety Title is considered on the floor, there will be a floor manager's amendment that could make changes to this Title as it was reported out of the Commerce Committee. As of this writing, details on the floor manager's amendment are not available.
The following is an analysis of the key motor carrier enforcement provisions of the Commerce Committee bill. Comparisons are made to last year's Senate bill and the current House Reauthorization bill, HR 3, which passed the House in early March. With respect to the funding levels in the bill, it is possible an amendment will be offered during the floor debate that may increase the overall funding of the bill for highways, transit, and safety programs by somewhere between $11 billion and $13 billion. If the amendment passes, there will be a slight "bump up" in motor carrier safety program funding levels.
1. Administrative Expenses of FMCSA
(Section 103 in Senate bill; Section 4101 in HR 3)
This is the federal share for all FMCSA administrative operations as opposed to the funding authorized for MCSAP and other state grant programs. The current Senate bill funds this account at the same level as last year's bill:
2006---$211,400,000
2007---$217,500,000
2008---$222,600,000
2009---$228,500,000
The HR 3 funding levels are:
2006---$215,000,000
2007---$230,000,000
2008---$234,000,000
2009---$240,000,000
High Risk Carrier Compliance Reviews
(Section 104 in Senate bill; no comparable provision in HR 3)
High risk carrier compliance reviews are among the prescribed uses for FMCSA Administrative funding. At a minimum, FMCSA is directed to conduct compliance reviews on a carrier when its rating puts it on the A or B list for 2 consecutive years.
Overdue Reports, Studies, and Rulemakings
(Section 105 in Senate bill; no comparable provision in HR 3)
This section requires FMCSA to complete overdue reports, studies, projects and rulemakings. On the list is a requirement that FMCSA report on a project to consolidate Out-of-Service regulations enforced by FMCSA. Also, FMCSA is directed to amend the Interim Final Rule addressing New Motor Carrier Entrant Requirements specifying that a safety audit be immediately converted to a compliance review and appropriate enforcement actions be taken if the safety audit discloses acute safety violations by the new entrant.
2. MCSAP and Other State Motor Carrier Safety Grant Programs
The combination of the increases in MCSAP funding from TEA-21 levels, plus the creation and authorization for funding of new state grant programs outside of the MCSAP program more than doubles the total amount of truck and bus safety funding available to the states from the total funding levels in TEA-21.
A. Motor Carrier Safety Assistance Program (MCSAP) Funding Levels
(Section 107 in Senate bill; Section 4102 in HR 3)
The current Senate bill authorizes the following levels:
2006---$193,620,000
2007---$197,490,000
2008---$201,440,000
2009---$205,470,000
These are the same levels as in last year's Senate bill.
The House levels in HR 3 are:
2006---$188,000,000
2007---$197,000,000
2008---$202,000,000
2009---$209,000,000
This remains an 80/20 program.
B. Takedowns from the Basic MCSAP Grant Program
High Priority Grants
The current Senate bill increases the High Priority program by about 30% by providing up to $15 million per year. Last year's Senate bill provided for a takedown of up to 5% of the total MCSAP funding, which amounted to about $10 million per year. The new bill retains last year's requirement that at least 80% of High Priority be awarded to state and local government agencies as opposed to private entities. This helps put a lid on earmarking in the annual appropriations process.
HR 3 provides for a high priority takedown of up to 10%, or about $18 or $19 million annually. While HR 3 does not have the 80% requirement, it does provide that High Priority funding may be used for activities designed to improve all state information and data systems to improve the uploading of data to FMCSA information systems for the purpose of identifying high risk carriers. The Senate bill retains the traditional high priority description of projects that are national in scope, increase public awareness and education, or demonstrate new technologies, all of which will lead to the reduction of accidents and fatalities.
Safety Performance Incentive Grants
The Safety Performance Incentive grant program takedown is eliminated in the new Senate bill, increasing the amount available for the basic state core grant program. This grant program was in last year's Senate bill. HR 3 also eliminates the program. The rationale for doing away with this takedown is to increase the basic grant funding available to the states ensuring that more resources go to the core function of the MCSAP program. To some extent the House language in the High Priority takedown provision emphasizing data improvement as an eligible activity under the HP grant program compensates for the removal of the Safety Performance Incentive takedown that in recent years has been awarded to states for data improvement. In addition, one of the new requirements in HR 3 for the state annual commercial vehicle safety plan specifies the establishment of a program ensuring that all information and data be accurate, timely and complete. Finally, it should be noted that the HR 3 establishes a new Safety Data Improvement grant program for the states that would be funded at $3 million annually.
New Entrant Audits
The new Senate bill authorizes up to $29 million annually under the MCSAP program and does not require a match as did last year's bill. HR 3 provides $15 million annually and also does not require a match.
Training and Administration
This 1.25% takedown is already in TEA-21 and is not changed by this year's Senate and House bills. It will amount to an average annual takedown of $2.5 million.
Analysis of MCSAP Annual Funding Levels with the Takedowns
Current Senate bill for the year 2006:
$193,620,000 Total MCSAP
-15,000,000 High-Priority
-29,000,000 New Entrants
- 2,500,000 Training & Administration
_______________________________________
$147,120,000 Core State Grant Programs
(For comparative purposes, in this Fiscal Year 2005, the core state grant program funding level is $133,350,000).
The core state grant programs (after takedowns) will increase to:
2007---$150,990,000
2008---$154,940,000
2009---$158,970,000
HR 3 for the year 2006:
$188,000,000 Total MCSAP
-18,000,000 High Priority
-15,000,000 New Entrants
- 2,200,000 Training & Administration
_______________________________________
$152,000,000 Core State Grant Programs
The core state grant programs (after takedowns) will increase to:
2007---$161,000,000
2008---$166,000,000
2009---$173,000,000
Other MCSAP Requirements
Use of MCSAP Grants to Enforce Other Laws:
The new Senate bill contains the same provision as last year's bill, which are:
a) enforcement of size and weight laws at locations other than fixed weight facilities such as steep grades or at ports where intermodal shipping containers enter and leave the U.S.
b) detection of drugs in commercial vehicles or on person
c) documented traffic enforcement against trucks not tied to an inspection and against cars operating in the car/truck zone
HR 3 contains provisions identical to sections a) and b) above. But with respect to section c) on traffic enforcement, HR 3 provides for traffic enforcement against trucks not tied to an inspection and against cars operating in the car/truck zone but with the following limitations. The number of regular roadside inspections conducted in the State must be maintained at a level at least equal to the average number conducted in the State for the previous 3 years and the State may not use more than 5% of the annual MCSAP funding for this purpose.
Annual State Commercial Vehicle Safety Plan
The current Senate bill repeats three new requirements from last year's bill:
a) buses will be inspected at stations, terminals, border crossings and maintenance facilities except for obvious safety hazards
b) states will include information on best practices for sharing the road with trucks and cars in their training manuals for all automobile drivers' examinations
c) states will enforce operating authority (registration requirements) against any truck without registration or beyond the scope of its registration by suspending the operation of that vehicle.
HR 3 adds five new requirements, two of which are the same as in the Senate bill with respect to automobile driver training manuals and operating authority enforcement. The three other new requirements in the House bill are:
a) states are required to implement performance-based activities including deployment of technology
b) states are required to conduct highly visible traffic enforcement programs in locations or corridors that have been identified as having a high incidence of car and truck crashes
c) states are required to establish a program ensuring that all information and data reporting is accurate, timely, and complete.
C. Other State Motor Carrier Safety Grant Programs
(Section 107 in Senate bill; Section 4103 in HR 3)
Border Enforcement (Northern & Southern Borders):
The current Senate bill provides for the same funding level as last year's bill:
2006---$33,000,000
2007---$34,000,000
2008---$35,000,000
2009---$36,000,000
This grant program would fund enforcement personnel, not infrastructure facilities and is an 80/20 program.
HR 3 provides the following funding levels:
2006---$32,000,000
2007---$32,000,000
2008---$32,000,000
2009---$32,000,000
HR 3 funds this program @ 100%.
CDL Program Improvement Grants:
(Section 153 in Senate bill; Section 4014 in HR 3)
The current Senate bill provides for the same funding level as last year's bill and continues it as an 80/20 bill:
2006---$23,000,000
2007---$23,000,000
2008---$24,000,000
2009---$25,000,000
The bill further allows up to 10% of this allocated grant program to go to the states for High-Priority activities that are of benefit to all jurisdiction. It also allows another 10% to go to the states to be used for emerging issues relating to CDL improvements.
As last year, the bill also establishes a CDL task force to study impediments and foreseeable challenges to the CDL program. The working group's membership would consist of motor vehicle administrators, commercial motor vehicle enforcement administrators, members of the Judicial Conference and representatives of trucking labor and safety groups.
HR 3 funds the CDL program as an 80/20 program at the following levels:
2006---$26,000,000
2007---$26,000,000
2008---$26,000,000
2009---$26,000.000
A provision in HR 3 only would require that the State's application for the grant must include an "assessment" of its commercial driver's license programs.
The House bill also provides that up to 10% of the annual allocation may be used for High Priority grants to states to fund CDL program of benefit to all jurisdictions and that address national safety concerns. This type of grant may be funded at 100%.
Performance and Registration Information System Management (PRISM) Grants:
(Section 120 in Senate bill; Section 4114 in HR 3)
The current Senate bill designates it as an 80/20 program and maintains last year's funding levels:
2006---$4,000,000
2007---$4,000,000
2008---$4,000,000
2009---$4,000,000
HR 3 funds the same program at the following levels:
2006---$5,000,000
2007---$5,000,000
2008---$6,000,000
2009---$6,000,000
Commercial Vehicle Information System Grants (CVISN):
(Section 121 in Senate bill; Section 4109 in HR 3)
The CVISN provision in the current Senate bill is identical to the one in last year's bill and identical to the CVISN provision in HR 3. These provisions move the CVISN program out of FHWA to FMCSA and fund it at $25 million in each of the years 2006, 2007, 2008 and 2009. Core deployment grants per state may not exceed $2,500,000 and expanded deployment grants per state may not exceed $1,000,000.
Commercial Driver License Information System (CDLIS) Modernization:
(Section 154 in Senate bill; Section 4125 in HR 3)
The current Senate bill contains a new provision that was not in last year's bill to modernize CDLIS. It allocates funding for this program from the fees collected by the Secretary of Transportation, or by an organization that represents the interests of the States, in excess of the costs of operating the system. Amounts credited to the Information System Modernization Account shall be available exclusively for the purpose of modernizing the information system.
The authorized allocation amount per year is:
2006---$2,000,000
2007---$6,000,000
2008---$6,000,000
2009---$6,000,000
HR 3's provision on this program is quite different. It funds the program under new contract authority from the Highway Trust Fund rather than from CDLIS user fees at the following levels:
2006---$7,000,000
2007---$7,000,000
2008---$8,000,000
2009---$8,000,000
HR 3 further allows up to 50% of the annual allocation to carry out a pilot program in three states to evaluate a system for sharing driver's license information on all commercial and non-commercial driver's licenses issued in each participating state. HR 3 specifies this as an 80/20 program.
Safety Data Improvement Grants
(not in Senate bill; Section 4124 in HR 3)
The current Senate bill, as last year, does not contain a provision for such a program. HR 3, however, establishes a program for the states that is dedicated to improving the quality and timeliness of data. It is an 80/20 program funded at the following levels:
2006---$3,000,000
2007---$3,000,000
2008---$3,000,000
2009---$3,000,000
3. Other Significant Policy and Program Motor Carrier Safety Issues
A. Intrastate Operations of Interstate Motor Carriers
(Section 114 of Senate bill; Section 4110 in HR 3)
The current Senate bill, as in year's bill, provides that a federal safety determination that an interstate motor carrier is unfit will halt both its interstate and intrastate operations, and further specifies that a state safety determination that an intrastate carrier is unfit will halt both its intrastate and any interstate operations.
HR 3 provides the same.
B. FMCSA Authority to Stop Trucks
(Section 115 of Senate bill; not in HR 3)
The current Senate bill, as last year, would allow authorized employees of the Federal Motor Carrier Safety Administration to direct a driver of a commercial motor vehicle to stop for inspection of the vehicle, driver, cargo and required records at, or in the vicinity of, an inspection site. FMCSA's stated intention in requesting this amendment was to obtain this authority relative to border situations.
This provision is not in the House bill.
C. Outreach and Education
(Section 122 in Senate bill; Section 4120 in HR 3)
The current Senate bill assigns joint responsibility for truck safety efforts, including the "share-the-road" initiative, to both FMCSA and NHTSA, and awards 75% of the funding to NHTSA. It also requires the Government Accounting Office (GAO) to evaluate and determine whether the Outreach and Education program has actually reduced the number of crashes, deaths, and severity of injuries and report its findings to Congress by June 30, 2006.
This GAO study requirement was not in last year's Senate bill and while the proportionate allocation of funding to FMCSA and NHTSA is the same, the total amount of funding is increased in the new bill. Last year $250,000 was authorized for FMCSA and $750,000 for NHTSA. The amounts were increased this year to $1 million for FMCSA and $3 million for NHTSA.
HR 3 provides for same level of funding and specifies the program in somewhat more detail than the Senate. It emphasizes a strong enforcement component to accompany the outreach and education efforts similar to the "Click It or Ticket" and drunk driving awareness campaigns.
D. Decals
(Section 126 in Senate bill; not in HR 3)
The Senate provision specifically says : " The Commercial Vehicle Safety Alliance may not restrict the sale of any inspection decal to the Federal Motor Carrier Safety Administration unless the Administration fails to meet its responsibilities under its memorandum of understanding with the Alliance (other than a failure due to the Administration's compliance with Federal law).
FMCSA's original intent, through submission of a draft amendment to the Congress in February of this year, was to authorize DOT to require Mexican motor carriers operating beyond the border commercial zones to display an inspection decal issued or approved by DOT rather than current requirement, as spelled out in Section 350 of the 2002 DOT Appropriations bill, specifying the CVSA decal.
As reported in CVSA's Legislative Update of April 8, 2005, our objective was to defeat FMCSA's amendment and keep the decal program as it has been for the last 22 years, a CVSA program. At the urging of the Senate Commerce Committee, CVSA met with FMCSA in an attempt to resolve issues surrounding the sale of decals, which presumably prompted FMCSA to submit their amendment. Such a meeting occurred and a report on the meeting was provided to the Commerce Committee. The Commerce Committee then drafted the language in Section 126 that remained in the bill as it was reported of the Committee. CVSA supports the language in Section 126.
E. Intermodal Chassis Roadability (Inspection, Repair, and Maintenance of Intermodal Equipment)
(Section 127 in Senate bill; Section 4128 in HR 3)
The current Senate bill provides a new Section on Intermodal Chassis Roadability that was not in last year's bill. There is a comparable provision in HR 3.
These provisions direct the Secretary to initiate a rulemaking ( 120 days after passage in the Senate bill; and 1 year after passage in the House bill) to ensure that equipment used to transport intermodal chassis is safe. The rulemaking must address a way to identify the equipment owner, a civil penalty structure, a petition process and an inspection system.
Neither bill provides authorized funding to carry out the program.
It is unlikely that FMCSA will be sending their personnel into the ports, so the burden will fall on the states to implement the program. What is needed is the establishment of a port grant program for the states similar to the border state grant programs.
Apart from the lack of funding provisions, the House provision is preferable since it leaves the specifics of the program to be determined through the rulemaking process. The Senate bill legislates too many of the program details that are best determined through the rulemaking process.
F. Unified Carrier Registration (UCR) Plan
(Sections 131 to 137 in current Senate bill; Section 4117 in HR 3)
The current Senate bill, as in last year's bill, repeals the Single State Registration System (SSRS) and would establish a single federal on-line registration system merging all federal and state motor carrier registration and information systems.
This UCR plan is based on a plan developed by major industry and state associations, the American Trucking Associations, the National Private Truck Council, and the National Conference of State Transportation Specialists.
It provides replacement revenue for all current participating SSRS states (38) and provides an allocation for non-participating states. States may use this replacement revenue for the required state match for MCSAP and other state safety grant programs.
To raise revenue for the replacement funding, the UCR plan replaces a per-vehicle-fee with a per carrier fee and includes all motor carriers under the fee structure rather than just for-hire vehicles, which is the only industry group covered in the current SSRS program.
HR 3 would provide for the establishment of a new UCR program but without the fee and replacement funding part of the plan provided for in the Senate bill.
G. Hours-of-Service Exemptions
(Section 128 in Senate bill; Sections 4131 (utility), 4134 (agricultural), and 4135 (movie producers) in HR 3)
Agricultural:
The current Senate bill provides almost the same exemptions as the Burns amendment in last year's Senate bill. It adds non-processed food, feed, fiber and livestock ( that is defined according to the Emergency Livestock Feed Assistance Act of 1988 including insects). It also takes away the authority of the Secretary to regulate agricultural exempt commodities.
The differences from last year's bill are that it qualifies food, by adding "non-processed" which eliminates the possibility of adding processed, packaged or refined foods to the exemption. Also "products thereof" is eliminated. The additional number of exempt agricultural carriers would be more in the 30,000 range rather than the 42,000 that would have been included in the Burns amendment of last year.
In HR 3, the exemption is the same except that food commodities is not qualified by using "non-processed" meaning that it is a broader exemption.
Movie Producers
In the current Senate bill, the old hours of service are made applicable to this industry. This exemption was not in last year's Senate bill. HR 3 provides the same exemption.
Utility Service Vehicles
The current Senate bill, as last year, provides that federal hours-of-service regulations are not applicable to drivers of utility vehicles and, further, that the States are prohibited from enacting or enforcing any law or regulations that are similar to such regulations. Authority of the Secretary to regulate this industry is also taken away.
HR 3 is identical on this issue.
State of Nebraska Truck Safety Length Exemption from Truck Lengths
(not in Senate bill; Section 4138 in HR 3)
HR 3 exempts Nebraska from the 1991 ISTEA truck length freeze, subject to a change in the state statute, to allow the operation of commercial vehicle combinations not exceeding 81 feet, 6 inches, for custom harvesters operating in the state. These commercial vehicle combinations can be used only for the purpose of harvesting wheat, soybeans and milo on a contract basis during the harvest months for such crops as determined by the state.
Driveaway Saddlemount Vehicles (Automobile Transporters)
(not in Senate bill; Section 4116 in HR 3)
In HR 3 it provides for a new national standard on the Interstate Highway System for saddlemount vehicles that is a vehicle length combination of not less than or more than 97 feet on a driveaway saddlemount with full mount vehicle transporter combinations.
Truck Parking
(Section 1814 in Senate bill; Section 1306 in HR 3)
Provisions in both bills establish a pilot program to increase the availability of and information about long-term parking for drivers of commercial motor vehicles on the Interstate and National Highway System. The Secretary shall allocate funds made available under this subsection to States, metropolitan planning organizations, and local governments, giving preference to applicants who demonstrate the most severe shortage of commercial vehicle parking capacity on the corridor to be addressed. The Senate bill authorizes $10 million annually for the program and HR 3 authorizes $5 million.
2005
Reauthorization Process Begins Again in the Senate
The Senate Commerce Committee will most likely mark-up its portion of the Highway Reauthorization bill, Title IV, Surface Transportation Safety, next Thursday, April 14. The Committee's portion will include motor carrier safety issues.
The Committee mark-up process will define the safety portion of the bill as it goes to the floor for a final vote either in late April or early May. After Senate passage, the Conference process will begin to reconcile differences with the House passed bill, HR 3.
Among important issues to be voted on in the mark-up will be hours-of-service exemptions for agricultural transporters and hours-of-service exemptions for utility vehicle drivers. At this point, it is not certain whether the bill, as presented to the Committee by the Chairman, will include an amendment that DOT has asked to be considered that would authorize DOT to require Mexican motor carriers operating beyond the border commercial zones to display an inspection decal issued or approved by DOT rather than the current standard requiring a CVSA decal.
Communications with Senate Commerce Committee Needed
CVSA policy position papers on all three issues are attached, along with a list of the members of the Senate Commerce Committee. You are encouraged to contact each member of the Committee stating your opposition to the agricultural and utility hours-of-service exemptions and to DOT's proposed decal amendment. At the very least, try to contact the members of your state delegation who serve on the Commerce Committee. If you need more details on how to make sure your message gets through to the Commerce Committee members, contact Dick Henderson at CVSA headquarters.
After the Committee mark-up, a Legislative Report will be issued informing you about the actions taken by the Committee. At this point, even with final action on the Senate floor still pending, we will have a good idea of the issues to be resolved in the House-Senate Conference on the overall reauthorization bill.
The rule of thumb on "conferenceable" items is that if an issue is treated the same in both bills (either in the bill or not in the bill), it is not an item for consideration. This is not always true, but it is very hard to change things if the bills mirror each other on a particular issue.
Therefore, if the agricultural and utility hours-of-service exemptions are the same, or very close, in both bills, there is very little chance of turning things around. The House bill, HR 3, already contains a total hours-of-service exemption for utility drivers, and a very broad agricultural hours-of-service exemption (the Moran amendment) that will seriously compromise highway safety. Strong efforts are under way to include similar broad agricultural and utility hours-of-service exemptions in the Senate bill. However, your efforts can help prevent this from happening. With respect to the decal issue, Commerce Committee staff has urged us to discuss this issue with FMCSA in an effort to address their concerns about the existing CVSA inspection and decal program, obviating the need to establish a new program. This meeting is now scheduled for Tuesday, April 12, leaving a very short time between the meeting and the Commerce Committee markup expected to take place on April 14. Therefore, we also urge you to address this issue in your communication with the Senate Commerce Committee members. The attachment on this issue outlines some points for you to make. DOT's decal amendment is not in the House bill and the goal is to keep it out of the Senate bill avoiding the need to have to address the issue in the Conference process.
Reports & Related Information:
2005
1. Reauthorization Process Begins Again with House Passage of a New Bill
On Thursday, March 10, the House passed HR 3, a bill that authorizes $284 billion ($4.5 billion more than last year) in funding for highway, transit, and highway safety programs through 2009. This is the first significant step in the newly elected 109th Congress to pass a reauthorization bill this year. The House and the Senate could not come to agreement on overall reauthorization funding levels in the last Congress and thus deferred the legislation to the new Congress.
The process has yet to get under way in the Senate. The Senate Environment and Public Works Committee that has jurisdiction over the highway programs may report a bill out of Committee later this week. But the Senate Commerce Committee has jurisdiction over highway and motor carrier safety programs and is not expected to take up their part of the bill until sometime in April. Final passage in the Senate may not come until late April. That would leave one month for the House/Senate Conference to complete its work and send the bill to the White House before the current extension of TEA-21 expires on May 31. Historically, conference proceedings on a bill of this magnitude take longer than one month. Therefore, another short-term extension bill is not out of the question.
2. Funding Levels of MCSAP and Other State Motor Carrier Safety Grant Programs
A. MCSAP
There are no major policy changes in the new bill affecting MCSAP and other state grant programs. However, because the overall funding level in HR 3 is $4.5 billion higher than in last year's bill, the MCSAP funding levels from 2006 through 2009 have been increased as follows:
| FY 2006 | $188,000,000(+3M) |
| FY 2007 | $197,000,000(+9M) |
| FY 2008 | $202,000,000(+5M) |
| FY 2009 | $209,000,000(+7M) |
For comparative purposes, the highest level of funding for MCSAP in TEA-21 was $170,000,000.
The following is an analysis of the $188,000,000 in HR 3 with the takedowns:
| Core state grants (80/20) | $152,000,000 (funded @ $134 M in 2005) |
| Incentive grants (eliminated) | ------- |
| 10% High priority (100% money) | $18,800,000 |
| New entrants (100% money) | $15,000,000 |
| Training & Adminstration | $2,200,000 (approx.) |
| Total MCSAP | $188,000,000 |
Core state grant amounts (after the takedowns) increase to:
| $160,000,000 in 2007 |
| $164,000,000 in 2008 |
| $170,000,000 in 2009 |
Although, the incentive grant program has been eliminated in HR 3, new requirements are specified for the state annual commercial vehicle safety plans with emphasis on performance based planning and data improvement.
We learned of 11th hour efforts to earmark significant amounts from the high priority program for special programs. We responded to House Transportation Committee staff by pointing out that in its 24-year history, the MCSAP program had been remarkably free of specific earmarks and should remain so. With respect to the MCSAP program in general, and the High Priority Program in particular, all jurisdictions should have the opportunity to incorporate new and innovative safety programs in their state enforcement plans. Earmarking would limit the funding available to all states to do this.
Regarding traffic enforcement, the bill continues to provide that MCSAP funds can be used only for traffic enforcement not tied to an inspection as long as regular inspections are maintained at the average of the previous two years and that no more than 5% of the state grant be used for this purpose in any given year. In the bill, traffic enforcement means enforcement not only against commercial vehicles but, and this is a new feature, enforcement against passenger car drivers in the car/truck zone. We learned of a last minute effort by some to lift the cap and allow the program to be more open-ended. We responded to Committee staff by pointing out that since this provision is a new concept, especially the idea of enforcement against passenger car drivers, it must be carefully controlled and evaluated so results can be measured. We also suggested that FMCSA offer assistance to the state in such evaluation. The short hand for all of this is documented enforcement. Last year's Senate bill did not contain the 5% cap, so this will be an important issue to reaffirm in the Conference.
B. Other New State Grant Programs:
Some of these programs, such as the CDL state grant programs and the border enforcement program, have actually been funded by the Appropriations Committees for the past two fiscal years. However, it is necessary to reaffirm these programs through the reauthorization route (as does HR 3) to ensure funding in future years.
CVISN, while not a new program, has been moved from FHWA to FMCSA, and will be funded as a state grant program, protecting it against the earmarking process and ensuring that all states receive their fair share. The authorized amounts below are comparable to those in TEA-21. This funding did not reach many states.
The two new state grant programs are the Safety Data Improvement Program and the CDL Information Systems Modernization program. The Safety Data Improvement Program is intended to help states improve the quality and timeliness of data. The CDL Information Systems Modernization program is to be used to modernize the commercial driver's license information (CDLIS). This section also would establish a pilot project in three States to evaluate a program for sharing information about all drivers' licenses, both commercial and non-commercial, between States. It is a companion provision to the CDL grant program which would also deal with the information sharing issue.
The funding levels for these state grant programs have been increased slightly over last year's bill as indicated below, as was MCSAP, because the overall funding level of HR 3 is $4.5 billion higher.
Specific state grant program funding levels are as follows:
CDL Program Improvement Grants:
| FY 2006 | $26,000,000(+3) |
| FY 2007 | $26,000,000(+3) |
| FY 2008 | $26,000,000(+2) |
| FY 2009 | $26,000,000(+1) |
Border Enforcement Grants: (same as last year's bill)
| FY 2006 | $32,000,000 |
| FY 2007 | $32,000,000 |
| FY 2008 | $32,000,000 |
| FY 2009 | $32,000,000 |
Performance/Registration Systems (PRISM:)
| FY 2006 | $5,000,000(+1) |
| FY 2007 | $5,000,000(+1) |
| FY 2008 | $6,000,000(+2) |
| FY 2009 | $6,000,000(+2) |
CVISN:
| FY 2006 | $25,000,000(+3) |
| FY 2007 | $25,000,000(+3) |
| FY 2008 | $25,000,000(+3) |
| FY 2009 | $25,000,000(+3) |
Safety Data Improvement Grants:(same as last year's bill)
| FY 2006 | $3,000,000 |
| FY 2007 | $3,000,000 |
| FY 2008 | $3,000,000 |
| FY 2009 | $3,000,000 |
CDL Information Systems Modernization:
| FY 2006 | $7,000,000(+1) |
| FY 2007 | $7,000,000(+1) |
| FY 2008 | $8,000,000(+2) |
| FY 2009 | $8,000,000(+2) |
C. State and Federal Share of Total Authorized Funding for Motor Carrier Safety
Total:
| FY 2006 | $501,000,000 |
| FY 2007 | $525,000,000 |
| FY 2008 | $536,000,000 |
| FY 2009 | $549,000,000 |
FMCSA:
| FY 2006 | $215,000,000 |
| FY 2007 | $230,000,000 |
| FY 2008 | $234,000,000 |
| FY 2009 | $240,000,000 |
States:
| FY 2006 | $286,000,000 |
| FY 2007 | $295,000,000 |
| FY 2008 | $302,000,000 |
| FY 2009 | $309,000,000 |
The total for the states reflects both the MCSAP program and the state grant programs. It appears the Congress, in addition to recognizing the special needs of FMCSA as a still relatively new modal administration, also recognizes the growing needs of the states.
3. Other Significant Program and Policy Issues That Are the Same as in Last Year's Bill
Data Quality Improvement: This is a companion section to the safety data improvement grant program mentioned above. It adds language to the current information systems requirements to ensure that the data FMCSA receives from the States is timely, accurate, and complete.
Completion of Uniform Carrier Registration: This section repeals SSRS and requires FMCSA to complete a rulemaking for an on-line registration system to replace the old registration system originally administered by the Interstate Commerce Commission. It does not provide for SSRS replacement funding for the states as the Senate bill did last year and is expected to this year. It will be very important to reaffirm the Senate provision at the time of Conference. ATA remains on public record as strongly favoring the Senate provision.
Outreach and Education: The bill provides $1 million to FMCSA and $3 million to NHTSA annually for these programs.
Commercial Motor Vehicle Safety Advisory Committee: The bill would establish such a committee. However, it was not in the Senate bill last year and is unlikely to be this year, so this is another important Conference issue to be reaffirmed.
Intermodal Chassis Roadability Rulemaking: The bill directs the Secretary to initiate a rulemaking to ensure the safety of equipment used to transport intermodal chassis. The rulemaking must be completed no later than one year after enactment of this bill and must address a way to identify the equipment owner, a civil penalty structure, a petition process, and an inspection system.
Truck Parking: A section establishes a pilot program in cooperation with appropriate state, regional, and local governments to address the shortage of long-term parking for commercial motor vehicles.
Hours-of-Service Exemption for Utility Service Vehicle Drivers: This is the same total exemption that was in last year's bill. It also would take this issue completely out of the regulatory process. In other words, the Secretary (FMCSA) could not revisit the issue with future rulemakings. There is still an opportunity to seek a compromise in the Senate bill yet to be introduced. However, it will be more difficult because Senator McCain is no longer the Chairman of the Senate Commerce Committee and he was on record last year as being unalterably opposed to any hours-of-service exemptions. As last year, the only compromise position with any chance of success is one that would put the utilities back under the old rules under which they have been covered for the past 22 years.
The utility industry message to the Congress, which is a total misrepresentation of the issue, is that unless they receive the total exemption they will not be able to ensure the lights will be turned back on in an emergency. As of late, they have been using tsunamis and earthquakes as examples of emergencies where their drivers will be cited for exceeding the hours-of-service regulations. We know, of course, that the real issue for them is an economic one. They do not want their drivers subject to either the 14 hour on-duty time limit in the new rules or even the 15 hour limit under the old rules during non-emergency circumstances which is about 90% of their work effort during the year. We have learned of a few utility companies, at least, that upon the recommendation of their safety compliance officers would at least prefer the old rules to no rules at all governing their drivers. They understand the safety issues at stake and the potential liability to their company without any rules and will maintain a policy of abiding by the old r