2010 Legislative Updates
2010
DOT Appropriations for Fiscal Year 2011
The House passed the 2011 DOT/HUD Appropriations bill, H.R. 5850, before the August recess. In the Senate, S. 3644 has been voted out of the Senate Appropriations Committee and will likely come to the Senate floor sometime in September. As has happened in the past, since this bill is one of the few bills which has cleared both Chambers on schedule, it may become the lead bill for an omnibus, multi-agency appropriations bill this fall. However, in the last couple of years, omnibus bills have had a history of not being passed by September 30, the end of the fiscal year; so once again, it is possible there will be a Continuing Resolution (CR).
Both the House and Senate bills fund MCSAP and other state safety grants at the SAFETEA-LU authorized limits which were the level approved for the current 2010 fiscal year. FMCSA’s 2011 budget was increased by $20 million for implementation of CSA 2010.
Regarding the issue of additional resources for the states to implement CSA 2010 (which is more of an issue for the authorizing committees than it is for the appropriations committees), it should be noted that CVSA spoke to this subject in our testimony before the House Transportation and Infrastructure Committee at the hearing on CSA 2010 earlier this summer. We pointed out that the best way for the states to be able to fully implement CSA 2010 would be for Congress to pass a new long-term Transportation bill with 90/10 funding and a revised Maintenance-of-Effort (MOE) formula.
Copies of the House and Senate Committee Reports on the legislation are attached. It is very common for the Appropriations Committee to request additional information and reports from agencies within their jurisdiction as they have with FMCSA. In some cases, it may be that CVSA can provide assistance to FMCSA in gathering information on the various issues.
You will notice in the Senate Report on page 70 that reference is made to FMCSA’s proposed two-year, hours-of-service exemption for transportation of anhydrous ammonia within a 100 air mile radius during planting and harvesting seasons. CVSA submitted comments to FMCSA on this proposal last week.
Maine and Vermont Size and Weight Pilot Project
As you may recall, a pilot project allowing weights in excess of the 80,000 lb. federal weight limit on Interstate highways in these states, was provided for in last year’s Senate Appropriations bill and eventually agreed to in a House-Senate conference. The 2011 bill passed by the House did not include a renewal of the pilot, nor did the bill approved by the Senate Appropriations Committee. It is possible that language continuing the pilot may be inserted in the Senate appropriations bill at the last minute when the bill is up for consideration on the Senate floor. Whatever happens, the pilot will remain in effect until superseded by a new appropriations bill. A CR would continue the existing pilot along with all other programs.
CVSA sent a letter to the Senate Appropriations Committee recommending that, if the pilot were renewed, it should be made more comprehensive and include the criteria for a pilot as detailed in CVSA’s size and weight reauthorization policy. Last year’s Appropriations bill provided little guidance to the states in this regard. CVSA believes that the Maine and Vermont pilots, if carried out on a more comprehensive basis for a longer period of time could provide the opportunity to gather much needed safety and infrastructure data as a basis for developing a new size and weight policy nationwide. We have learned that FHWA is working closely with Maine and Vermont to better construct the pilot and has organized six different work groups that are looking at different aspects of the pilot project.
Possibly in anticipation of the fact that the Main/Vermont pilot might not be renewed, a bill was introduced in the Senate in early August that would allow states to authorize the operation of trucks of up to 97,000 pounds on their interstate highways. Senate bill 3705, the Safe and Efficient Transportation Act, is sponsored by Senators Collins (R-Maine), Crapo (R-Idaho), and Kohl (D-Wisconsin). This bill is identical to H.R. 1799 introduced in the House last year whose lead sponsor is Rep. Michaud (D-Maine).
Cross-Border Trucking Program with Mexico
The Senate Appropriations bill as reported out of Committee directs the U.S. Department of Transportation to establish and report on a cross-border trucking program with Mexico by October 1 of this year. This provision was added by Sen.Patty Murray (D-Washington), Chairman of the Transportation/THUD Subcommittee in an effort to end retaliatory tariffs that were levied primarily on agricultural products by Mexico last year following a Congressional vote to discontinue the Mexican border pilot program that allowed a limited number of carriers from both the U.S. and Mexico to deliver beyond the commercial border zone.
On August 16, the Mexican Embassy in Washington announced that the Government of Mexico has renewed the list of U.S. goods subject to increased tariffs closely resembling last year’s list.
Motor Vehicle Safety Act (Toyota Bill) and Bus Safety Legislation
There is a possibility that the House may take action on this bill when it reconvenes in early September. It provides NHTSA with new enforcement and regulatory authority relating to recalls. If the House does act, the bill would then come back to the Senate to take action on its version of this bill, in which case, there is a distinct possibility that the Motorcoach Enhanced Safety Act, S. 554, would be added at the urging of Senators Lautenberg (D-New Jersey) and Kay Bailey Hutchison (R-Texas) along with Sen. Rockefeller’s Distracted Driving bill, S. 1938. An EOBR mandate is in the bus safety bill and an Electronic Data Recorder is mandated in the Motor Vehicle Safety Act.
Although Congress may be in session for a relatively short period of time before adjourning sometime in October for the fall elections, there are indications that there may well be a lame-duck session of Congress after the elections allowing, among other things, for passage of the above safety legislation.
With regard to bus safety, on August 16, NHTSA issued an NPRM requiring new motorcoaches to have lap-shoulder belts. The proposed rule would take effect three years after the final rule is issued. There is a 90 day comment period and CVSA’s bus passenger committee will be developing comments to be filed on behalf of CVSA.
Safety and Security
In late July, the American Bus Association testified before the House Security Subcommittee on the reauthorization of TSA and advocated that FMCSA be given the sole responsibility for safety and security audits instead of having TSA do their own version of an audit. CVSA will closely monitor this issue as TSA Reauthorization progress through Congress.
Senate Commerce Committee Meeting on Reauthorization
CVSA met with both Majority and Minority staff of the Senate Commerce Subcommittee on Surface Transportation and Merchant Marine Infrastructure, Safety, and Security recently, at their invitation, to discuss our Reauthorization policies. It was a lengthy meeting allowing for a thorough discussion of all of CVSA’s major issues.
We will be following up with them on new entrant safety audit costs should they decide to establish a registration fee for new entrants. Regarding Maintenance-of-Effort, they asked for more examples from our state members on how the current MOE formula works to their disadvantage. They requested more specific language that would streamline/revise section of the U.S. Code, Title 49, on registration and operating authority with respect to new entrants and chameleon carriers. They also asked for specific examples of instances where interpretations of inter and intra-state operations were impeding enforcement.
Reauthorization Timetable
It appears that both the Senate Commerce Committee and Senate Environment and Public Works Committee are doing the early spade work in developing a bill so that they will be ready when Reauthorization is actually on the table for consideration. The House did their work on the bill last year.
Even if there is a lame-duck session of Congress after the November elections, it appears they would not take up reauthorization at that time. The earliest expectation for such action would be in the first half of next year and even that is not a certainty. The sticking point remains that they must figure out a way to finance increased spending in the bill if they choose not raise the gas tax. Secretary LaHood and the Obama Administration have thus far opposed such an increase.
The wild card in all of this is the economy. If in fact, the economy recovery continues to stall and there is recognition of the need for more economic stimulus, a long-term transportation bill could quickly rise on the list of national priorities along with the need to rebuild other parts of our infrastructure including power, water, and sanitation systems.
Finally, there is a growing belief that if reauthorization doesn’t get done by next year, a separate version of a transportation safety bill might emerge. However, it is difficult to enact changes in safety policy with changing and increasing the funding structure for programs that depend on the Highway Trust Fund.
UCR 2011 Fee Schedule
At its August 12 Teleconference meeting, the UCR Board voted the keep the new 2010 fee structure in place for next year. Revenues received thus far under the new 2010 schedule appear to be meeting expectations.
2010
CVSA Testifies Before House Highways and Transit Subcommittee on CSA 2010
CVSA’s Interim Executive Director, Stephen A. Keppler testified before the House Subcommittee on Highways and Transit at a hearing on June 23, 2010 called by Chairman Peter DeFazio (D-OR) to review FMCSA’s plans to implement CSA 2010. Keppler testified on a panel of witnesses that included FMCSA Administrator Anne S. Ferro, representatives of the American Trucking Associations (ATA), and the Owner Operators Independent Drivers Association (OOIDA).
While there were concerns about the process and timing of the implementation of CSA 2010, there was general consensus among all of the witnesses on the overall need for the new plan. Members agreed if the implementation was done carefully, a significant improvement in commercial vehicle safety would be the result.
Key issues raised by ATA and OOIDA were crash preventability, violations being counted against the carrier without an effective due process procedure in place and using VMT as an exposure measure rather than power units. Other issues were the weightings being considered for the Safety Fitness Determination Rulemaking, as well as the possibility of inconsistent enforcement among the states such as probable cause states having a disproportionate amount of violations assigned to carriers for safety rating purposes.
A key concern of CVSA, also shared by Chairman DeFazio and other subcommittee members, was whether the states will have adequate funding to implement the new program since they will have to expend the same resources as FMCSA for this purpose. Administrator Ferro said FMCSA would look into the possibility of letting states use funding from the state safety grant programs, including MCSAP, to help with these costs.
House DOT-HUD Appropriations Subcommittee Marks Up 2011 Funding Bill
This subcommittee reported out its version of the bill to the full House Appropriations Committee on Thursday, July 1. Since a new Transportation Reauthorization bill has not yet been passed, motor carrier safety programs will be funded at the maximum limits allowed under SAFETEA-LU, as was the case with the 2010 funding bill. However, at the request of FMCSA, an additional $20 million was approved for their administrative budget to help with the costs associated with CSA 2010.
Final action on the 2011 budget is uncertain. The entire appropriations process in Congress is behind schedule and there is a possibility that Congress will not complete work on the appropriations bills by the start of the new fiscal year that starts on October 1 of this year. There will very likely be at least one or more Continuing Resolutions before final passage. Since this is an election year, Congress is anticipating an early adjournment.
Auto Safety Bill Extends Event Data Recorders Requirement to Commercial Vehicles
Both the House Energy and Commerce Committee and the Senate Commerce Committee have reported their respective versions of the Motor Vehicle Safety Act of 2010. The bill number in the House is HR 5381 and in the Senate, S. 3302. As of this moment, floor action in either the House or Senate has not been scheduled. This legislation largely deals with issues raised by the Toyota crisis by strengthening the power and authority of the National Highway Traffic Safety Administration (NHTSA).
The Senate version (S. 3302) as reported out of the Commerce Committee contained an amendment offered by Sen. Tom Udall (D-NM) extending the requirement for event data recorders to commercial vehicles. The amendment reads in part, “Not later than 3 years after the date of the enactment of this Act, the Secretary shall revise part 563 of Title 49, Code of Federal Regulations, to require that all medium-duty vehicles and heavy-duty vehicles sold in the United States beginning with the model year 2017 be equipped with an even data recorder that meets the requirements of that part.”
Senate Commerce Committee Approves Bill Offering States Incentives to Ban Texting
The Senate Commerce Committee also has approved a bill, S. 1938, that would make federal grants available to states that enact laws prohibiting texting and/or other use of handheld cell phones. NHTSA would administer the grant program which requires that 50 percent of grant money received by a state should be used to educate the public about the dangers of texting or using a cell phone while driving, as well as to enforce the law. While hearings have been held in the House, a bill has not been reported out of Committee.
In the meantime, CVSA has filed comments (attached) on a proposal by FMCSA to prohibit texting in commercial motor vehicles. CVSA pointed out that there are a number of other distracted driving activities that contribute to crashes and driver performance.
CVSA Participates in Coalition “Toward Zero Deaths” (TZD)
CVSA is participating in “Toward Zero Deaths,” a national highway safety strategy with the purpose to serve as a national roadmap for reducing highway fatalities and serious injuries. The strategy (see attached) will be to develop a national safety plan and an outreach program as well as a process for implementing the plan. Efforts will be made to coordinate the plan with Canada’s Road Safety Vision activity. The steering committee is made up of representatives of CVSA, Governors Highway Safety Association (GHSA), American Association of State Highway and Transportation Officials (AASHTO), American Association of Motor Vehicle Administrators (AAMVA), National Association of Counties (NACO), International Association of Chiefs of Police (IACP) as well as FHWA, FMCSA, and NHTSA. In addition to a series of webinars held in June, a national TZD Summit will be held in Washington, D.C. on August 25-26, 2010.
2010
CVSA President Testifies at Senate Hearing on Oversight of Motor Carrier Safety Efforts
CVSA President Francis (Buzzy) France recently testified at a hearing before the Senate Surface Transportation and Merchant Marine Infrastructure, Safety, and Security on “Oversight of Motor Carrier Safety Efforts” on April 28, 2010. Subcommittee Chairman Sen. Frank Lautenberg (D-NJ) chaired the hearing and emphasized issues he considered of greatest importance: electronic onboard recorders, hours-of-service rules, CSA 2010 and truck size and weight. Ranking subcommittee member Sen. John Thune (R-SD) emphasized the importance of state efforts in making CSA 2010 successful and also expressed concern about the lack of harmonization in truck size and weight standards. Sen. Clare McCaskell (D-MO) expressed strong concern about the lack of concern that driver pay is most often determined by miles rather than hours worked and recommended that a study be conducted about the effect of this on truck study. Questions directed to CVSA President France concerned hours-of-service, EOBRs, and truck size and weight. He reaffirmed CVSA Reauthorization policy on each of these issues. Chairman Lautenberg raised the possibility of a further hearing on truck size and weight.
We have attached the statements provided by CVSA, ATA, OOIDA, FMCSA and NTSB as well as a photo from their oral testimonies for your reference.
2010
SAFETEA-LU Extended to December 31, 2010
Yesterday, the Senate passed the “Hiring Incentives to Restore Employment (HIRE)” Act, H.R. 2847, that included a provision to extend SAFETEA-LU through December 31, 2010 as well as providing the Highway Trust Fund $19.5 billion so it can meet its financial obligations through 2011. FMCSA and the state safety grant programs are funded from the Highway Trust Fund. The President is expected to sign the bill.
This extension will allow FMCSA to begin awarding full year funding for Fiscal Year 2010 to the States and Territories.
Whether a new Reauthorization bill will be passed by December 31 of this year is still questionable. However, both the Senate Environment and Public Works and Commerce Committees are now beginning work on a Reauthorization bill. The Senate Commerce Committee will be holding a series of motor carrier safety hearings starting with a general safety oversight hearing in April. CVSA has been invited to testify. On the House side, a core Reauthorization bill has already cleared the Highway and Transit Subcommittee.
One possible scenario is for the House and Senate to complete work on most of the major issues before the November elections except for the more difficult issue of financing the long term bill. This could conceivably be dealt with in a lame duck session of the 111th Congress. There is a precedent for such a scenario which occurred when the Surface Transportation Act of 1982 was passed.
CVSA Participates in Truck Parking Press Event on Capitol Hill
CVSA participated in a March 16 press conference held by Congressmen Paul Tonko (D-NY) and Erik Paulsen (R-MN) to urge support for a bill, H.R. 2156, that they have co-sponsored creating a competitive grant program to help reduce the shortage of rest area parking and allow public and private owners of existing rest areas to expand and improve security. The bill is called “Jason’s Law” named after Jason Rivenburg who was senselessly murdered during a robbery on March 5, 2009 while parked at an abandoned gas station along the I-95 Corridor in the Southeast. Truckers had been using this lot due to a shortage of rest stops along the Corridor.
The bill has drawn a wide range of supporting organizations that include ATA, OOIDA, the New York State Motor Truck Association, Advocates for Highway and Auto Safety and the American Moving and Storage Association.
