2009 Legislative Updates
2009
Senate Commerce Committee Reports Bus Safety Bill
Today, the Senate Commerce Committee reported out Senate Bill S. 554, the “Motorcoach Enhanced Safety Act of 2009”. A provision pre-empting state or local laws with respect to standards for seat belts contained in earlier drafts of the bill was deleted. There was concern that this pre-emption provision could be interpreted to extend beyond seat-belt standards and pre-empt more stringent state and local standards affecting other areas of bus safety.
Today’s action does not necessarily signal that this bill will be considered by the full Senate any time soon. Senator Lautenberg, who chairs the Surface Transportation Subcommittee of the full Commerce Committee, intends to pursue a broader commercial motor vehicle safety agenda including trucks early next year that is tied to the reauthorization process. A specific issue that Senator Lautenberg said he intends to pursue in this process is to mandate the use of EOBR’s on both buses and trucks. S. 554 as reported out today mandated EOBR’s on buses only. CVSA will be meeting with the Subcommittee staff to recommend necessary technical considerations as part of the EOBR rulemaking process that would include such issues as interoperability, security, tampering, uniformity, standard interface for law enforcement, and proper certification of EOBR devices.
CVSA has already talked to Committee staff on the bill with respect to increased resources states would need to implement Section 6, New Entrants; Section 8, Safety Reviews; and Section 13, Safety Inspection Programs. They have indicated their intent to address these issues through increased MCSAP funding. We will also be discussing the issue of certification of third party contractors (safety data providers) for safety audit purposes.
SAFETEA-LU to Be Extended to February 28, 2010
A two month extension of the current SAFETEA-LU was included in the Defense Appropriations bill that passed the House yesterday and is expected to clear the Senate by December 23rd.
While the House yesterday narrowly passed a second jobs stimulus bill that included a $37 billion in transportation infrastructure funding as well as a one year extension of SAFETEA-LU to September 30, 2010, the Senate will not have time to take action on such a measure until after the first of the year. So this accounts for the interim two month extension included in the Defense Appropriations bill. In terms of a more definitive extension, the Senate is reportedly talking about a one year extension as well. This would move reauthorization to September 30, 2010 just two months before the Congressional elections which does not appear to be the best time for consideration of six year highway bill. Then comes 2011 and a new Congress and who knows what the make-up of the new Congress may be.
If the scenario takes shape that moves reauthorization to 2011, the question may be whether some type of transportation safety bill would be considered in the upcoming year, 2010. There are a number of safety issues that include bus safety, EOBR’s, and distracted driving that Congress could decide to take action on in 2010, maybe even broader program policy issues. But it is far too soon to make a real assessment of such possibilities.
2009
DOT 2010 APPROPRIATIONS BILL FINALLY PASSES BY CONGRESS
FMCSA Budget Gets Slight Increase
Over the week-end, the U.S. Congress finally passed the DOT 2010 Appropriations Bill after passing several Continuing Resolutions (CR) since September 30. President Obama is expected to sign it by December 18 when the current CR expires. The bill provides a 1.6% increase for FMCSA and its various programs, to include state motor carrier safety grants. This slight increase is provided in the absence of any new authorized ceiling because a new Reauthorization bill has not yet been passed. The language from the House-Senate Conference Report is attached showing specific program amounts as well as comments on high risk carriers, EOBR’s and research and technology education.
Maine and Vermont Given Size and Weight Exemptions
Senator Susan Collins of Maine and Senator Patrick Leahy of Vermont requested (and received in the appropriations bill) exemptions from the 80,000 lb. weight limit (allowed up to 100,000 lbs.) on sections of the Interstate System in both states. Attached is the legislative and report language for Section 194 of the bill. The economic argument advanced by both Senators is that both Maine and Vermont are surrounded by states/jurisdictions that for one reason or another already have the weight limit exemption on their portions of the Interstate System. The exemptions are provided through a one year pilot program. However, neither the legislative or report language indicate the details of the pilot. Section 194 sets the stage for a more intense size and weight debate which is certain to take place as further consideration of the Reauthorization bill gets underway. Attached is CVSA’s Reauthorization Size and Weight policy which, among other things, states that any motor carrier operating under a size and weight pilot program in the U.S. should be in full compliance with the Federal Motor Carrier Safety Regulations.
Timeline for Reauthorization Still Uncertain
The Appropriations bill just passed did not contain language extending SAFETEA-LU. The current extension expires this Friday, December 18. Congress will most certainly not allow the current highway, safety, and transit programs to expire. However, just when and how this will be done prior to midnight on Friday is not clear. Stay tuned, we will keep you advised.
Potential Senate Commerce Committee Markup of Bus Safety Bill
A potential markup of a bus safety bill by the Senate Commerce Committee this coming Thursday, December 17 has not yet been confirmed. Ranking Minority Committee Member, Senator Kay Bailey Hutchison of Texas has drafted a new bill that differs from her original bill, S. 554, that she co-sponsored with Senator Sherrod Brown of Ohio. It is reported to be more “moderate” than S. 554. More details on this as things unfold.
FMCSA Rule Setting 2010 UCR Registration Fees Delayed
Efforts by FMCSA to issue new Unified Carrier Registration fees for 2010 have been delayed. The new rule was to have been issued by October 15. However, at both the October and November UCR Board teleconference calls, FMCSA representatives said the process for issuing a new rule was on track and would be coming out soon. They further reported that the rule had not been deemed to be economically significant thereby obviating a more lengthy review by the Office of Management and Budget. In the November 12 call, UCR Board members discussed the fact that if the rule were issued by December 1, there would still be time for the registration notices reflecting the 2010 fee schedule to be sent out to carriers by January 1, 2010. The rule was not issued by December 1 and on the UCR Board’s December 10 teleconference call, FMCSA representatives reported that due to heightened public interest there is a possibility the rule could be deemed to be “significant” thereby requiring more time for review by OMB. If this is the case, it is estimated that the rule could be delayed until at least March, 2010 and possibly later. This could jeopardize receipt of 2010 UCR revenues that many states depend on for funding of motor carrier safety enforcement. Last week, CVSA, NCSTS (National Conference of State Transportation Specialists) and NARUC (National Association of Regulatory Utility Commissioners) sent a letter to FMCSA outlining our concerns with respect to this issue. The letter is attached, along with the comments CVSA supplied to the fee rulemaking in September. We are monitoring this very closely and will keep you apprised of information as it becomes available.
2009
FMCSA PROGRAMS EXEMPT FROM RECISSION CUTS
Word from FMCSA is that their programs are exempt from cuts resulting from the recission affecting surface transportation programs that became effective October 1st with the passage of the one-month Continuing Resolution. Therefore, FMCSA programs will be funded for the month of October at regular 2009 levels.
Hopefully, Congress will act on both the regular 2010 DOT Appropriations bill as well as some form of an extension of SAFETEA-LU before the month is out. It appears that the Senate now agrees with the three-month time frame that House Transportation and Infrastructure Chairman, James Oberstar, has been advocating.
2009
CONGRESS PASSES CR THAT PROVIDES FUNDING FOR DOT AND FMCSA AT 2009 LEVELS TO OCTOBER 31ST AND EXTENDS SAFETEA-LU FOR ONE MONTH AS WELL
Last night, just hours before the end of the 2009 Fiscal Year, Congress passed a Continuing Resolution (CR) that funds most agencies of the Federal Government, including DOT, through October 31st at 2009 levels.
However, because of budget rules and recessions, some of which were actually put in place in SAFETEA-LU at the time it passed in August of 2005 but not to take effect until the day the law expires, the funding levels provided for in the CR will actually be lower than the 2009 levels. FMCSA is impacted to the tune of $133 million on an annual basis. One-twelfth of that amount will affect October’s allocations. It is not known at this point if there may be some leeway allowing affected agencies to use previously unspent monies to help offset this.
To put this into perspective, the highway programs will receive $11.9 billion less on annual basis.
The good news is that such reductions may be only temporary. When Congress passes the regular 2010 DOT Appropriations bill and when Congress passes a free-standing three-month extension of SAFETEA-LU, it may take the opportunity to try and restore many of the cuts. There is a reasonable chance that Congress will act on both measures before October 31.
We will keep you advised.
2009
As reported in our last update of June 26, the House Subcommittee on Highways and Transit reported the authorization bill “Surface Transportation Authorization Act of 2009” (STAA) to the full Transportation and Infrastructure Committee. At the time of the Subcommittee markup, Chairman of the Committee, James Oberstar, indicated that he wanted to schedule a full Committee markup by the end of July. It is now clear that will not happen since the tax writing House Ways and Means Committee which must write the revenue Title of the transportation bill is now in the midst of preparing health care legislation. However, it is possible that the Ways and Means Committee may address this issue soon after completing work on health care and that the STAA could begin to move through Congress this fall as a second “stimulus” bill.
However, the action of the Highways and Transit Subcommittee in reporting out a bill in June gives everyone an indication of the new highway safety policies that will be in a final bill whenever it finally passes the Congress. Obviously there will be some changes before it is all done. CVSA still has some issues to take up with the Committee. But the core policies spelled out in the bill will very likely remain in-tact.
We have already sent the legislative proposals in the bill affecting motor carrier safety and hazardous materials transportation in the Legislative Update of June 26. The following is an effort to explain the provisions in the bill. In a bill of this size it is not always possible at this early state to know exactly what the legislative intent is. This is our best effort at this time. Please do not hesitate to call us if you have questions.
Subtitle A—Authorization of Appropriations
Section 4011. Motor Carrier Safety Grants
This section also authorizes unspecified amount of funding for each of Fiscal Years 2010 to 2015 with as yet an unspecified amount to be deducted for administration and training relative to the grant program. In the past, this amount has been roughly 1% of the total amount of the MCSAP authorization. While the amounts are as yet unspecified, the House Transportation and Infrastructure has indicated its intent to double the SAFETEA-LU levels of funding for MCSAP and other state grant programs as well as for the administration and program operations of FMCSA.
The only take-down from MCSAP, in addition to Administration and Training, is a 10% set-aside for a new incentive grant program for states that show significant improvement in reducing CMV-related crashes and fatalities.
This section also authorizes the Secretary of Transportation to withhold up to 5% of a state’s primary highway apportionment for failure of a state to comply with MCSAP grant requirements.
The high-priority program is eliminated.
The new entrant takedown and separate border grant programs are merged/consolidated with the basic MCSAP program.
The safety data improvement program is eliminated.
Section 4012. Grant Programs
This section authorizes funding for the 3 stand-alone state grant programs outside of MCSAP.
- Authorizes a revised and expanded Commercial Driver’s License Program Implementation Grant Program funded at 80/20 (instead of 100% under SAFETEA-LU). The CDLIS Modernization Grant program is eliminated.
- Authorizes a revised CVISN grant program funded at 100% (50% under SAFETEA-LU) which includes a mandated PRISM program (see also Section 4024).
- Authorizes a new commercial vehicle operator training program that includes a grant program for driving schools or other training providers (see also Section 4030).
At this point, the following grant restructuring schematic might be helpful.
SAFETEA-LU:
MCSAP:
-Basic
-Incentive
-High-Priority
-New Entrants
-Training & Administration
Other State Grant Programs:
-CDL
-Border
-PRISM
-Safety Data Improvement
-CDLIS Modernization
STAA (new):
-Basic MCSAP*
-Incentive (new requirements)
-Training & Administration
*Bus enforcement, inspections, traffic enforcement, compliance reviews, public education and awareness, data collection, size and weight enforcement, border programs, new entrants—all with new performance measures.
Other State Grant Programs:
-CDL revised
-CVISN revised
-Driving Training (new)
State Grant Programs and Takedowns eliminated:
-High-Priority takedown
-Safety Data Improvement grants
-CDLIS Modernization grants
Subtitle B—General Authority and State Grants (purpose, goals, requirements of the various programs)
Section 4021. Motor Carrier Safety Assistance Program (MCSAP)
In addition to streamlining and consolidating MCSAP and state grant programs that give states more flexibility in the use of funds for these programs, Section 4021 institutes new performance measures to focus state motor carrier safety efforts on reducing crashes and fatalities in the following ways.
Funds are to be used to for investments in activities that will maximize reductions in large truck and bus crashes and related fatalities. The DOT Secretary will publish guidance periodically on the effectiveness of enforcement activities and interventions in reducing such crashes and fatalities. States are required to identify and enumerate specific targets for enforcement activities in their annual safety plans, and select activities that are most effective. States must make improvements over time. In every year that Federal funds increase starting with the second fiscal year after enactment, States must increase their targets for activities. States must also meet data timeliness, accuracy, and completeness standards as part of the approval process of a safety plan.
Additional funding is provided for states that significantly lower the number of crashes and fatalities. This incentive program is new and is funded out of a 10% takedown from the basic MCSAP program.
The Maintenance of Effort (MOE) has been modified from the SAFETEA-LU requirements. It is a standard formula for all of the safety grant programs including MCSAP. It will be based on a 3 year average prior to the date of enactment of the bill. The MOE will then be in effect for the life of the bill.
Section 4022. Commercial Driver’s License Program
This is the first of three grant programs authorized by STAA that are separate from the MCSAP program. Under this enhanced CDL grant program, states must submit a comprehensive CDL program plan for approval to receive funding. The program is 80/20 consistent will the MCSAP grant formula. There are other similarities to the way the MCSAP program is administered. Funding is apportioned to the states pursuant to criteria developed by FMCSA. Each state with an approved plan receives at least 1% of total available funding. If the CDL grant program is doubled from $25 million in SAFETEA-LU to the $50 million, this means each state is guaranteed at least $500,000.
This section requires all states to comply with the Federal CDL requirements by 2015 (last year of authorization period). States are to develop a six-year plan outlining the actions needed to address deficiencies. There are funding assurances that should allow states to plan longer term projects as well.
States must prioritize their needs so that the most critical deficiencies are addressed first. The Secretary will identify critical elements without which a state cannot have an effectively functioning CDL program. FMCSA is directed to issue guidance to help states meet the critical requirements. States must use all of their CDL funds to address the critical elements before addressing other requirements. Once states have met the critical requirements, they are to have flexibility in the use of apportioned funds to invest in system upgrades, modernization, and other innovative approaches.
The Secretary is required to develop a tool to compare the relative level of compliance and the quality of CDL programs among States and publish the results.
For states that are in basic federal compliance, additional funding may be provided to states to implement a system to proactively notify an employer of a suspension or revocation of an employee’s CDL. A set-aside of 10% of the CDL grant program funding will be available for this purpose. This seems to parallel the new MCSAP incentive program.
The Secretary is required to decertify a State CDL program that fails to meet any critical requirements by the end of the authorization period (2015) provided that grant funding was made available to the State to address the critical issues.
Section 4023. National Clearinghouse for Records Relating to Alcohol and Controlled Substances Testing of Commercial Motor Vehicle Operators
Within one year of enactment, the Secretary is required to establish a clearinghouse of positive drug and alcohol test results and refusals to test by commercial drivers.
The Secretary is provided enforcement and penalty authority over service agents, including Medical Review Officers and collection facilities.
Employers are prohibited from allowing an individual to drive or perform another safety-sensitive function until the employer verifies the individual has not violated the rules of the drug and alcohol testing program through a check of the clearinghouse.
The section authorizes a $5 million set-aside from FMCSA administrative expensive in 2010 to establish the clearinghouse and $2 million per year through 2015 to operate it.
Section 4024. Performance and Registration Information Systems Management Program (PRISM)
All states must participate in the program by 2013. Grants to states are allowed from the CVISN program to meet this requirement. This is 100% money since CVISN has become a 100% funded program.
Section 4025. Commercial Vehicle Information Systems and Networks Development Grants (CVISN)
This reauthorizes the CVISN grant program established in SAFETEA-LU and provides 100% funding for fiscal years 2010 through 2013 which is the year that every state must comply with PRISM.
Section 4026. Amendments to Compliance Review Process
Within 1 year of enactment, DOT shall revise its safety fitness determination methodology to reflect NTSB’s Safety Recommendation H-99-6 (1999). This means that adverse vehicle and driver performance-based data alone are sufficient to result in an overall unsatisfactory rating.
(When reviewing the following Sections 4027, 4028, and 4029, see also the analysis of Section 4035)
Section 4027. New Entrant Carriers
New Entrant carriers must undergo a safety review within the first 18 months of authorized operation. Motorcoach and hazardous materials new entrants must undergo a safety review on an accelerated basis.
Section 4027(c) makes new entrant funding (now within the MCSAP program which is otherwise 80/20) 100% money.
Section 4028. Motor Carrier Registration
This section adds a new requirement to the new entrant carrier registration process. A registrant must complete a proficiency examination demonstrating knowledge of federal motor carrier safety regulations and must disclose common ownership, management, or familial connection with other motor carriers during the preceding three years, prior to receiving authority.
Section 4029. Reincarnated Carriers
Prior to granting registration authority to a new entrant, the Secretary must determine whether the applicant has been related, through common ownership, management, or familial relationship to another carrier within the past three years.
DOT may also revoke the authority of reincarnated carriers that reorganized to avoid the effects of prior penalties and judgment.
The section prohibits two or more employers from using common ownership, control, or familial relationship to avoid compliance.
FMCSA must maintain and update its information systems in order to be able to check possible relationships among carriers.
Section 4030. Commercial Motor Vehicle Operator Training
A new grant program is created to provide for the training of commercial drivers prior to obtaining a CDL.
Within 2 years of enactment, the Secretary must prescribe regulations to establish minimum training requirements, including behind-the- wheel instruction, for commercial motor vehicle drivers.
The Secretary is to develop specific requirements for drivers who transport passengers or hazardous materials.
A driver shall complete training and obtain certification of completion prior to obtaining the CDL.
The Secretary shall establish a process to verify that curriculum offered by training providers meets the Secretary’s requirements.
Funding is authorized for commercial driver training grants once training requirements are finalized by the Secretary.
Section 4031. Improved Oversight of Passenger Motor Carriers
FMCSA is required to conduct safety fitness determinations of, and assign a safety rating to, each motorcoach company registered with the agency by the end of the authorization period.
FMCSA shall regularly monitor the safety performance of motorcoach companies after the assignment of a safety rating.
As a condition of receiving their MCSAP grant, states must monitor the safety performance of motorcoach operators.
An annual inspection program must be established for motorcoaches and FMCSA shall periodically review these state safety inspection programs.
This section also allows FMCSA (presumably with the assistance of the states) to organize special enforcement strike forces targeting motorcoaches which might involve roadside inspections even though Section 31102, Title 49, U.S. Code, provides that en route bus inspections are allowed only in case of an imminent or obvious safety hazard.
Section 4032. Commercial Driver’s License Passenger Endorsement Requirements
Within 2 years of enactment, the DOT shall review and assess the current knowledge and skill testing requirements for a CDL passenger endorsement to determine any necessary improvements to the knowledge test or examination of driving skills in order to ensure the safe operation of commercial motor vehicles designed or used to transport passengers.
Section 4033. Commercial Motor Vehicle Inspection Programs
The Secretary is required to prescribe regulations for annual or more frequent bus inspection programs. Such programs are to be conducted by the state in which the bus is registered. A roadside inspection does not meet these requirements.
Section 4034. Driver Medical Qualifications
A National Registry of Medical Examiners is to be established within one year of enactment.
Medical examiners seeking to be included on the registry must complete specific courses and training established by DOT and pass an examination.
Directs the Secretary to assess the accuracy, validity, and timeliness of submission of physical examination reports and medical certificates to States by drivers. The Secretary is further review the feasibility of requiring medical examiners to submit results of a medical examination directly to State licensing agencies.
A unique medical examination and certification form is to be used to conduct all physical examinations of commercial drivers.
Section 4035. Requirements for Registration and USDOT Number
This section provides more details relative to Sections 4027, 4028, and 4029 discussed earlier.
Upon the application of an employer (new carrier) for registration, the employer must be willing and able to comply with the requirements of this section. During the 3 year period before the date of filing, the employer must demonstrate that he was not related through common ownership, common management, or common familial relationship to any person subject to safety regulations who during the 3 years period was non-compliant with the safety regulations. In short, the employer must demonstrate that he had no relationship whatsoever with these persons or entities.
The Secretary may establish a fee for issuance of a registration under this section. The fee shall cover the costs of processing the registration and conducting of the safety review. A ceiling on the fee is yet to be established.
Section 4036. Electronic On-board Recorders
Within one year of enactment, a rulemaking shall be issued requiring all commercial motor vehicles subject to hours-of-service regulations to be equipped with electronic on-board recorders. The rule is to set performance standards for the recorders. The rule shall be phased in and apply to all commercial motor vehicles not later than 4 years after the date of the enactment.
Section 4037. Motor Carrier Safety Advisory Committee
This section provides that organizations representing commercial motor vehicle drivers may serve on the Advisory Committee.
Hazardous Materials Reauthorization
CVSA’s Hazardous Materials Committee has concerns about a provision in Title VII, Hazardous Materials Transportation. Section 7011 establishes requirements relating to the inspection of external product piping on cargo tanks that transport hazardous material. The problems related to the enforcement of the provision are pointed out in the attached letter approved by the HM Committee and sent to the Chairmen of the Transportation and Infrastructure Committee and the Subcommittee on Railroads, Pipelines and Hazardous Materials Subcommittee as well as the Ranking members of those Committees.
2009
Linked are the motor carrier safety and hazardous materials sections of the “Surface Transportation Authorization Act of 2009”
The House Subcommittee on Highways and Transit reported the authorization bill to the full Transportation and Infrastructure Committee on Wednesday, June 24.
There is still some uncertainty as to when the full T & I Committee will schedule a markup and report the bill to the House floor. It depends on what action the House Ways and Means Committee will take to fund the bill. House T & I Chairman, James Oberstar, is making every effort to have his Committee take final action on the bill by the end of July.
Included in the attachment is a brief section-by-section analysis of the bill prepared by Transportation Weekly. We are working on a more thorough analysis and will send that to you as soon as we can.
Chairman Oberstar has invited comments on the bill before the final markup. So there will be an opportunity for CVSA to discuss issues with the T & I staff that are not yet in the bill and suggest other changes in the existing text as well.
2009
Congressional White Paper on new Transportation Act Released
On Thursday, June 18, Congressman James Oberstar (D-MN), Chairman of the House Transportation and Infrastructure Committee and Ranking Member John Mica (R-FL) released a white paper outlining the provisions in the “Surface Transportation Reauthorization Act of 2009”. The actual bill with legislative language is expected to be introduced early next week.
Tentative Timetable Announced
In a press conference to introduce the white paper, Chairman Oberstar said he anticipates having the Highways and Transit Subcommittee mark-up the new bill on Wednesday, June 24, and report it to the full Transportation and Infrastructure Committee. When the full Committee will take action and report the bill to the floor of the House of Representatives is uncertain. Final action by the full Committee is contingent on the House Ways and Means Committee’s approval of a way to finance the new bill, which almost certainly has to include an increase in the federal fuel tax. The Obama Administration strongly opposes any increase in the fuel tax at this time and until the economic recovery is well underway. Secretary of Transportation, Ray LaHood, has asked Congress to wait at least 18 months before taking action on the new bill.
Also, the two Senate Committees with jurisdiction over the new bill, the Senate Commerce Committee and the Environment and Public Works Committee, indicate that they do not intend to complete work on their parts of the bill by the expiration date for SAFETEA-LU of September 30, 2009. Thus, the odds for passing the new bill this year are not very great.
White Paper Outlines Significant Changes in Commercial Vehicle Safety Programs
Rather than attempt an explanation or interpretation of the new safety proposals at this point, we felt it best to share the actual document with you and urge that you take the time to review it carefully and share your thoughts about it with us. It appears that they have favorably considered some of our issues. This is only the first step in what will be a long process and we will have additional opportunities for more bites at the apple.
We have been told by Committee staff that when the text of the bill becomes available next week, it will contain additional provisions relating to us that are not covered in the white paper. One such issue is Maintenance of Effort (MOE). We are advised that it will be a standard formula for all of the safety grant programs including MCSAP and that it will be based on a 3 year average prior to the date of enactment of the bill. The MOE will then be in effect for the life of the bill.
We have also been advised that there are still some issues under consideration by the Committee such as safety exemptions and 3rd party data providers. Again, there will be more bites at the apple.
Finally, while the white paper does not contain specific funding amounts, we are told that the amount for FMCSA and its programs will be doubled. That includes MCSAP and the other grant programs. At the present time, the funding formula is still 80/20; however, some modification of this formula may still be under consideration.
HAZMAT Reauthorization Proposals Also Released
Attached are the provisions for reauthorizing the hazardous materials safety programs. HAZMAT reauthorization will be part of the overall new Transportation bill and subject to the same timetable for enactment. It should be noted that a key provision establishes a program for training hazardous materials inspectors and investigators. The specific legislation is expected to name CVSA as a partner in this training effort.
Click here to view the FMCSA White Paper & PHMSA Reauthorization
2009
DOT 2010 Budget Recommends 1% Increase in State Motor Carrier Safety Grants
The Obama Administration recently released its FY 2010 budget proposal that funds the Federal Government for the Fiscal Year starting October 1, 2009. It recommended an increase of 1% for DOT and motor carrier safety, state safety grant programs, including MCSAP. This recommendation is made in the absence of any authorized funding levels that would be proposed in a new Authorization bill which Congress has not yet taken up.
Cost Analysis of Truck and Bus Safety Technology Legislation Is Completed
“The Commercial Motor Vehicle Advanced Safety Technology Tax Act of 2009” has been re-introduced in the House and is expected to be reintroduced in the Senate by Senators Stabenow (D-MI) and Voinovich (R-OH) before the Memorial Day break. It provides tax credits to motor carriers for the purchase of stability control, lane departure warning, collision avoidance and brake stroke monitoring technologies. There appears to be some momentum building in the effort to persuade Congress to act on this bill. The goal still remains of getting this bill included in the upcoming Authorization bill. However, it is still not beyond the realm of possibility that this bill could be attached to some other piece of stimulus and recovery oriented legislation that may move more quickly than Authorization. One such possibility is a measure still being discussed by the Obama administration and Congress called “cash for clunkers” that would offer as many as one million vehicle buyers a voucher for up to $4500 each to spur more fuel efficient car and truck sales.
One of the reasons the bill may have a better chance of moving forward is the fact that an economic analysis of the bill has now been completed and can give members of the House Ways and Means Committee a better idea of what this legislation will cost the U.S. Treasury. The House-Senate Joint Committee on Taxation “scores” all bills of this nature before the House Ways and Means takes any action on the measure. The study will assist the Joint Committee in its scoring efforts. The estimated cost for five years is $568 million and $880 million over 10 years. The consultant who did the analysis termed this cost to be reasonable.
CVSA Asks House Transportation and Infrastructure Committee for Action on Truck Parking
In our last Update we reported on legislation known as Jason’s law introduced by Congressman Paul Tonko (D-NY) to implement and fully fund a program to address the shortage of long-term parking for trucks on the National Highway System. CVSA has written to the Chairmen and Ranking Members of both the full House Transportation and Infrastructure Committee and the Highways and Transit Subcommittee urging that Congressman Tonko’s measure be included in the Authorization bill. A copy of that letter is attached. Senator Schumer has introduced a companion bill in the Senate.
House Transportation and Infrastructure Chairman Oberstar Outlines Authorization Plan
Transportation reporters have recently obtained a copy of a handwritten outline by Chairman Oberstar in which he indicates a broad overview of the authorization bill he is in the process of writing. He does not reveal any specific funding and revenue proposals. Of particular interest to CVSA member jurisdictions is his intention to consolidate the current 108 highway and highway safety funding programs into four new programs. Under current law FHWA has 62, FTA (transit) 20, FRA (rail) 6, NHTSA 12 and FMCSA 8. The 4 new major programs are critical asset management, highway safety improvement, surface transportation program and congestion mitigation, and air quality improvement. Presumably motor carrier safety would fit under the category of highway safety improvements. The new grant programs would shift from “prescriptive” to “performance-based”. It is not clear whether this would mean merging FMCSA and NHTSA but it appears to be a possibility.
Senator Pryor (D-AR) to Introduce Drug and Alcohol Testing Bill
It is expected that Senator Pryor will shortly introduce legislation to establish and fund a national drug and alcohol testing clearinghouse which is also one of CVSA’s Authorization recommendations.
CVSA Reauthorization Policy Proposals Now on the Web Page
In an effort to dispel any notion of intrigue, at least with respect to where CVSA stands on authorization of motor carrier safety, its carefully crafted and vetted reauthorization proposals are now on the web site. Go to www.cvsa.org. The process for developing the policy positions started in 2008 and was extensively worked through an internal Ad Hoc Committee led by Alan Martin from the Public Utility Commission of Ohio, and included the following members:
- Bill Dofflemyer, Maryland State Police
- Doug Morris, Maryland State Police
- Tim Davis, Massachusetts Department of Public Utilities
- Scott Szala, Massachusetts State Police
- Steve Vaughn, California Highway Patrol
- John Smoot, Kentucky State Police
- Glynn Powers, Kentucky State Police
- Don Rhodes, South Carolina State Transport Police
- Peter Hurst, Ontario Ministry of Transportation
- Dan Meyer, Kansas Highway Patrol
- Alan Martin, Ohio Public Utilities Commission
- Gerry Clark, Pennsylvania Department of Transportation
- Rick Koontz, Pennsylvania State Police
- Mike Tallaksen, Hoffman Transportation, LLC
Thanks to all for their input and contributions!!
2009
The House Transportation and Infrastructure Committee (T&I) is now writing the Reauthorization bill and it is expected to be reported out of the Committee by late May or early June. House T&I Chairman, James Oberstar (D-MN), anticipates action to follow shortly on the House floor. This report details CVSA actions on a number of Reauthorization and related issues.
Agricultural and Utility Hours-of-Service Exemptions
The analysis done by DOT’s Volpe National Transportation Systems Center on the safety effects of these exemptions granted in SAFETEA-LU is attached along with the accompanying press release. The study found that agricultural carriers operating exclusively within a 100-mile radius had a 19 percent higher crash rate than agricultural carriers operating outside a 100-mile radius during the period of 2005-2007. The study also showed that utility service motor carrier crash rates jumped by 40 percent during this same period.
In addition to calling for the repeal of the agricultural and utility hours-of-service exemption, the release explains CVSA’s policy on calling for the sun-setting by a date certain and reapplication of all other safety exemptions. Re-application means that data must be presented to the DOT in accordance with Section 31315 of Title 49, U.S. Code, showing that the particular exemption must not compromise highway safety.
Copies of both the analysis and news release are being sent to every member of the House T&I Committee.
Bus Axle Weight Exemption
Attached is a letter to the House Committee supporting the existing limited exemption from axle-weight limits for the over-the-road buses and transit buses for the duration of the Reauthorization bill. This exemption was obtained in the 2006 DOT Appropriations bill and will expire September 30, 2009 unless it is renewed.
CVSA Bus Safety Policy
After comprehensive discussion by both the Passenger Carrier Committee and the Executive Committee, CVSA’s bus safety policy has been approved and submitted to the House T&I Committee. CVSA’s Bus Safety Summit held in early March helped both Committees arrive at a consensus on a number of the key issues. CVSA has had a follow-up discussion with House T&I staff on the issue of en-route bus inspections and recommended against keeping the specific prohibition of roadside inspections in the law (this was a provision in SAFETEA-LU). CVSA pointed out that this is a policy issue that should not be decided by statute which limits the needed flexibility of the states in this regard. To set reasonable guidelines on the conditions for roadside bus inspections should be a matter dealt with in Section 350 of the FMCSR.
Maintenance of Effort (MOE)
CVSA has also had follow-up discussions with House T&I staff on the issue of MOE with respect to the MCSAP grant. The Committee appears to understand the objections CVSA has voiced about the formula provided in SAFETEA-LU. We are continuing to provide information to them on this matter. It is too early to know what, if any, resolution of this issue will be contained in the bill. At a minimum, we might hope that the formula will be changed to an average of the same three years for the life of the bill. We have, however, also pointed out to them the very strong case many of you have made to eliminate MOE altogether.
Uniform Carrier Registration Program
In our last Legislative Update, we reported on the letter sent by Gov. Graves, President of ATA, to all governors objecting to the proposed new 2010 fee structure by the UCR Board, and more importantly, calling for the repeal of the entire program. The attached letter, signed by the Executive Directors of CVSA, the National Association of Regulatory Utility Commissioners and the National Conference of State Transportation Specialists, responds to Governor Graves’ letter. A copy has been forwarded to the House T & I Committee.
Congressional Budget Resolution for Fiscal Year 2010
The very first step in the Congressional reauthorization process is the budget resolution for the next fiscal year, 2010. This must be passed before the Appropriations Committees can do their work on the federal budget for next year. Also, the authorizing committees have to adhere to these overall ceilings on federal spending. The House-passed resolution allows for transportation spending at current authorized levels and for increased spending as long as a financing mechanism is in place to keep the Highway Trust Fund solvent. The Senate-passed resolution would reduce spending from the current levels and severely limit any increase in spending authorized in a new Transportation bill. The attached letter reflects CVSA’s support of the House position to the Conferees now writing the House-Senate Conference Report.
Safety Technology Bill Re-introduced
The Commercial Motor Vehicle Advanced Safety Technology Tax Act of 2009 (H.R. 2024) has been re-introduced in the House by Reps. Mike Thompson (D-CA) and Geoff Davis (R-KY). It provides tax credits to help facilitate the accelerated adoption of advanced safety systems for commercial vehicles. Those systems included in the bill are: electronic brake stroke monitoring systems; vehicle stability systems; lane departure warning systems; and, collision warning systems.
It is expected that Sens. Stabenow (D-MI) and Voinovich (R-OH) will soon re-introduce the legislation in the Senate.
An economic and market analysis of the legislation has been completed and will soon be available. The information in this analysis covers issues that are generally considered by the Joint Committee on Taxation when it is requested to “score” the bill to determine the revenue impact on the federal budget, in this case, the Highway Trust Fund.
Truck Parking Legislation
Rep. Paul Tonko, (D-NY) is planning to introduce a bill known as “Jason’s Law” to implement a pilot program to address the shortage of long-term parking for commercial motor vehicles on the National Highway System. The bill is named after truck driver Jason Ribenburg who was fatally shot at an abandoned gas station in St. Matthews, SC, for the approximately $7 he had on him at the time. A copy of the bill is attached.
You will note that it is very similar to the truck parking provisions in SAFETEA-LU but would be funded at $20,000,000 annually for the life of the bill instead of $5,000,000 in SAFETEA-LU. CVSA will be working with the American Trucking Associations (ATA) and other industry groups to make sure this increased funding level is included the Reauthorization bill.
Safe Teen Driver Act
CVSA is joining forces with the Advocates for Auto and Highway Safety in support of H.R. 1895, the “The Safe Teen and Novice Driver Uniform Protection Act of 2009”, also known as the STANDUP Act. The purpose of the bill is to accelerate adoption of model Graduated Driver Licensing (GDL) laws for novice teen drivers in every state. Key elements of the model legislation are: a three-stage licensing process; prohibition on nighttime driving during the learners permit and intermediate states; passenger restriction (no more than one non-familial passenger); prohibition on non-emergency use of cell phones; and age limits of 16 for a learner’s permit and 18 for an unrestricted license. A one-page summary of the bill’s provisions is attached.
CVSA Sends Comments to FMCSA on Safety Grant Proposals and Solicitation for Applications
CVSA has filed comments with the FMCSA on its proposal to revise and streamline the process for the application and awarding of grants. Some of these issues were raised in CVSA’s reauthorization policy and it is encouraging to note that FMCSA is proposing to implement changes in this regard to the extent they can do so administratively.
2009
FY 2009 DOT Funding Now in Place
Congress has finally passed, and the President has signed into law, the FY 2009 Omnibus Appropriations bill which includes funding for the Department of Transportation.
MCSAP and the state safety grant programs are funded at the levels authorized by SAFETEA-LU for 2009. The MCSAP total increased by $7 million, from $202 million to $209 million. The other state safety grant programs remain at the same level of funding as in 2008: CDL-$25 million; Border-$32 million: PRISM-$5 million; Safety Data-$3 million; CDLIS Modernization-$8 million; and, CVISN-$25 million.
Current Cross-Border Mexican Pilot Program Stopped by 2009 Appropriations Bill
As expected, the FY 2009 Appropriations bill cut off all funding for this pilot program that has been operating for the past year and a half. The language cutting off the funding was inserted into this Appropriations bill when it was first drafted in early 2008.
However, almost immediately after the bill was passed, President Obama issued instructions to find a way to redo the project in a way that would satisfy concerns and allow for trade between the U.S. and Mexico. The President told DOT to work with stakeholders and critics to create “a new trucking project that will meet the legitimate concerns” of Congress and U.S. commitments under NAFTA. The Obama Administration may press hard for a resolution to this issue in view of Mexico’s recent announcement that it will impose tariffs on $2.4 billion of U.S. products in retaliation for the U.S. failure to abide by the terms of the NAFTA Treaty signed in 1993.
House Committee May Take Up Reauthorization in May/June Timeframe
Chairman of the House Transportation and Infrastructure Committee, Rep. James Oberstar (D-MN), has said his Committee will be reporting out a Transportation Reauthorization bill by May or June. Efforts to draft the bill were put aside due to the consideration of the Stimulus bill earlier this year. At the very least, an outline of the policies for the new bill should be available later this spring. But how quickly these policies can be put into legislative language and meet Oberstar’s ambitious timetable is yet to be determined. In addition, the Committee has yet to determine a formula for financing new programs at a time when the Highway Trust Fund cannot be sustained at current levels of the fuel tax. Committee staff have told CVSA they will soon be calling us for further discussions about the MCSAP program and other truck and bus safety issues. The Senate has yet to indicate a timeframe.
Commercial Motor Vehicle Advanced Safety Technology Tax Act to be Introduced Soon
A renewed effort to seek support for this legislation is underway. CVSA is participating with a broad-based coalition of bus and truck industry representatives and manufacturers of the technology who are working to seek enactment of this bill in the new Congress. The current strategy is to try and get the bill (Safety Incentives Bill 2009) included in the Reauthorization bill. The coalition worked on the bill in the last session of Congress, but there was not enough time to get the bill “scored” before adjournment. “Scoring” of the bill is done by the Joint Committee on Taxation to determine the cost of the tax credit to the Federal Government. This year the coalition is seeking to expedite the “scoring” process by enlisting the services of an economic consultant to work with the Joint Committee on Taxation in developing the necessary market and economic information to determine the net cost to the U.S. Treasury.
CVSA Bus Safety Summit Determines Eight Major Issues to Pursue
Stakeholders from all sides of the bus safety community convened March 5-6 in Washington, DC and outlined eight priorities for enhancing the safety of passenger carrier transportation. They are, in order of importance:
- Having new bus entrants pass minimum standards and receive training;
- Mandating state annual bus inspection programs;
- Requiring EOBRs to monitor bus driver Hours of Service
- Providing training for drivers and enforcement and installing technology to prevent bus fires;
- Providing driver training;
- Identifying and Interdicting bus companies that are “flying under the radar”;
- Making medical certification requirements more stringent (cardiovascular, diabetes, sleep issues); and,
- Holding passenger carriers to higher standards.
New Bus Legislation Introduced in House and Senate
Rep. Bill Shuster (R-PA) has introduced HR 1135 co-sponsored by Rep. John Mica (R-FL), ranking member of the House Transportation and Infrastructure Committee and Rep. John Duncan (R-TN), ranking member of the House Highways and Transit Subcommittee, as well as Rep. Eddie Bernice Johnson (D-TX). Shuster’s bill is a more moderate version of new legislation recently introduced by Sens. Brown (D-OH) and Kay-Bailey Hutchison (R-TX), S. 554 (the final copy is not yet available ), and Rep. John Lewis (D-GA), HR 1396. Rep. Bob Filner (D-CA) is a co-sponsor of the Lewis bill.
A detailed analysis of these bills will be provided shortly. All of the bills deal with the issue of improved occupant protection, improved bus crashworthiness, improved enforcement and oversight of motorcoach operators and improved commercial driver training. The Brown/Hutchison/Lewis bills include a provision that a state, in order to receive its MCSAP grant, must carry out annual safety inspection programs for all commercial motor vehicles including buses and motor carriers transporting not less than nine and more than 15 passengers.
It is not certain whether the issue of bus safety will be taken up separately or considered as a part of the Reauthorization bill later this year. The likelihood is that it will be considered in the context of Reauthorization, but another major bus crash could put pressure on Congress to act sooner rather than later.
Major Trucking Groups Want to Abolish UCR Program
The American Trucking Associations, along with the National Private Truck Council, oppose the recently recommended increase in the UCR registration fees for 2010 by the UCR Board of Directors. SAFETEA-LU required that the new UCR registrations fees generate an amount of funding for participating states equal to that of the old SSRS program which was $100 million a year. In the eighteen-month history of the new UCR program, revenues have fallen short of that amount necessitating an increase in the 2010 fees to make up the deficit. ATA President Bill Graves has sent a letter to 50 state Governors, with copies to the House and Senate Authorizing Committees, objecting to the increase and proposing that the UCR program be eliminated. They suggest that the $100 million could be made up through an increase by that amount in the MCSAP grant program.
This is an unexpected and troubling development. The suggestion that the funding be made up through a $100 million increase in the MCSAP grant program may not be feasible due to the fact that in most cases, the initial recipient of the UCR money is not the MCSAP lead agency. Also, unless it is 100% money, which is unlikely, states would have to pay a considerably higher amount for the 20% match.
CVSA, NCSTS, and NARUC are preparing a detailed response to Gov. Graves’ letter that will be shared with you when it is sent.
HM Reauthorization Picking Up Steam
The various stakeholders with an interest in the development of a new Hazardous Materials Reauthorization Act, along with the group, the Interested Parties, in which CVSA participates, are in the final stages of developing model legislation to present to the House Transportation and Infrastructure Committee. It appears that the Committee is very determined about trying to move an HM Reauthorization bill in either late spring or early summer of this year.
