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I am pleased to call to order the sub-)Tj -10.6825 -0.99 TD 0.172 Tw (committee hearing on S. 1501, the Motor Carrier Safety Improve-)Tj T* 0.052 Tw (ment Act of 1999.)Tj 1 -0.99 TD 0.328 Tw (As the Surface Transportation Subcommittee chairman and a)Tj -1 -0.99 TD 0.102 Tw (former vice chairman of the National Transportation Safety Board,)Tj 0 -1 TD 0.29 Tw (I firmly share Senator McCain)Tj /F14 1 Tf 15.3078 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.29 Tw (s desire to improve truck safety.)Tj -15.5118 -1 TD 0.186 Tw (This is something that I have looked at for a long time, and cer-)Tj T* 0.102 Tw (tainly all of us who have been traveling on America)Tj /F14 1 Tf 24.6806 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.102 Tw (s highways re-)Tj -24.8846 -1 TD 0.098 Tw (alize that as trucks are getting bigger and cars are getting smaller)Tj T* 0.178 Tw (we do need to address the issue of safety. We have a good safety)Tj T* 0.096 Tw (record, but there are some improvements that we certainly need to)Tj T* 0.166 Tw (make, because the statistics are showing that we need to give at-)Tj T* 0.052 Tw (tention to this matter.)Tj 1 -1 TD 0.284 Tw (I plan to work closely with the chairman and the other com-)Tj -1 -1 TD 0.074 Tw (mittee members to move truck safety legislation to the Senate floor)Tj T* 0.052 Tw (as quickly as possible.)Tj 1 -1 TD 0.104 Tw (In the last 10 years, the number of interstate motor carriers has)Tj -1 -1 TD 0.138 Tw (more than doubled, growing from about 200,000 to 469,000. These)Tj T* 0.266 Tw (carriers operate more than 7 million motor vehicles, and projec-)Tj T* 0.252 Tw (tions indicate the trucking industry and miles traveled will con-)Tj T* 0.052 Tw (tinue to grow dramatically in the years ahead.)Tj 1 -1 TD 0.108 Tw (Tragically, safety statistics show that truck and commercial bus-)Tj -1 -1 TD 0.166 Tw (related fatalities are on the rise. 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I want to question to-)Tj T* 0 Tw (day)Tj /F14 1 Tf 1.667 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.052 Tw (s witnesses on this issue.)Tj -0.871 -1.01 TD 0.156 Tw (Let me conclude by saying that I approach this morning)Tj /F14 1 Tf 27.2576 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.156 Tw (s hear-)Tj -28.4616 -1.01 TD 0.146 Tw (ing with an open mind on the various bills that will be discussed.)Tj T* 0.082 Tw (I want to hear the views of all the witnesses, and especially I want)Tj T* 0.118 Tw (their views on the record so that as we are drawing up a final bill)Tj T* 0.226 Tw (that we would push through Congress, we would have all of the)Tj T* 0.096 Tw (input that we need to have a bill that will go forward on safety for)Tj T* 0.052 Tw (our highways, but also one that can be accomplished.)Tj 1 -1.01 TD 0.064 Tw (So I hope we will have a good record, and I look forward to work-)Tj -1 -1.01 TD 0.186 Tw (ing with all of you to make sure that the traveling public is safe)Tj T* 0.24 Tw (in their travel and certainly we want to have safe trucks and a)Tj T* 0.09 Tw (good atmosphere of competition that makes every truck that comes)Tj T* 0.086 Tw (into America meet the same safety standards that American truck-)Tj T* 0.052 Tw (ers are required to meet.)Tj 1 -1.01 TD 0.204 Tw (With that, I would like to just call on Senator Breaux and see)Tj -1 -1.01 TD 0.052 Tw (if he would like to make an opening statement.)Tj /F20 1 Tf 9 0 0 9 206.48 277.3001 Tm 0.0422 Tw (STATEMENT OF HON. JOHN B. BREAUX,)Tj 2.0222 -1.2 TD (U.S. SENATOR FROM LOUISIANA)Tj /F18 1 Tf 10 0 0 10 157 252.4001 Tm 0.172 Tw (Senator B)Tj 8 0 0 7.6194 205.0193 252.4001 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.4988 252.4001 Tm 0.172 Tw (. Thank you, Madam Chairman, and thank you)Tj -8.7499 -1.01 TD 0.122 Tw (for holding the hearings, and I thank our witnesses for being with)Tj T* 0.216 Tw (us today. It is a very important hearing, and I am glad that we)Tj T* 0.238 Tw (have the opportunity to listen to our witnesses and also to hear)Tj T* 0.148 Tw (some recommendations, hopefully, about this very important issue)Tj T* 0.052 Tw (of safety in particular.)Tj 1 -1.01 TD 0.238 Tw (As we all know far too well, in May of this year, on Mother)Tj /F14 1 Tf 30.1346 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -31.3386 -1.01 TD 0.14 Tw (Day, to make it even worse, in New Orleans we had a very tragic)Tj T* 0.066 Tw (bus accident in which 22 people were killed, and Madam Chair, the)Tj T* 0.358 Tw (unfortunate thing about it is, I think the accident was totally)Tj T* 0.052 Tw (avoidable. It should not have occurred.)Tj 1 -1.01 TD 0.096 Tw (I think had there been proper rules and regulations properly im-)Tj -1 -1.01 TD 0.062 Tw (plemented it would not have occurred, and so that, indeed, is a real)Tj T* 0.164 Tw (serious wake-up call I think to all of us who have concerns about)Tj T* 0.368 Tw (transportation and safety, and particularly the motoring public)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00006)-1076.9(Fmt 6633)-1076.9(Sfmt 6633)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 30 0 obj <>/ExtGState<>>> endobj 31 0 obj <> endobj 32 0 obj <>stream BT /F18 1 Tf 10 0 0 10 303.22 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (3)Tj -15.622 -2 TD 0.276 Tw (who were affected by this and will be affected the rest of their)Tj 0 -1.02 TD 0 Tw (lives.)Tj 1 -1.02 TD 0.192 Tw (If you look at the record from investigations and press reports,)Tj -1 -1.02 TD 0.196 Tw (that driver should never have been behind the wheel of that bus)Tj T* 0.124 Tw (that day. I mean, no one can dispute that and hindsight is a won-)Tj T* 0.122 Tw (derful thing, but it is very clear, according to reports, he was high)Tj T* 0.158 Tw (on marijuana, he was dizzy from Benadryl, he was suffering from)Tj T* 0.06 Tw (congestive heart failure, he had bad kidneys, and he had gotten out)Tj T* 0.058 Tw (of the hospital less than 8 hours before reporting to work the morn-)Tj T* 0.194 Tw (ing of the accident and, further, he had been fired from two pre-)Tj T* 0.052 Tw (vious jobs after testing positive for drug use.)Tj 1 -1.02 TD 0.054 Tw (But even if the company had known where he had worked before,)Tj -1 -1.02 TD 0.052 Tw (they probably still would not have been able to find out why he was)Tj T* 0.136 Tw (fired from the previous jobs, because Federal law prohibits the re-)Tj T* 0.052 Tw (lease of such information without the person)Tj /F14 1 Tf 20.9237 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.052 Tw (s consent.)Tj -20.1277 -1.02 TD 0.274 Tw (The article also pointed out that he the year before, just last)Tj -1 -1.02 TD 0.148 Tw (year, had been arrested by a state trooper for violating one of the)Tj T* 0.086 Tw (probably most important laws with regard to transportation safety,)Tj T* 0.052 Tw (driving for over 18 hours without any breaks.)Tj 1 -1.02 TD 0.204 Tw (Safety experts have said that many bus companies would have)Tj -1 -1.02 TD 0.092 Tw (fired the driver for that violation, as serious as it was. But the bus)Tj T* 0.164 Tw (company officials said they didn)Tj /F14 1 Tf 15.4718 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.164 Tw (t even know about it because the)Tj -15.6758 -1.02 TD 0.06 Tw (State police never informed them or told them about it. State police)Tj T* 0.156 Tw (say that notification of such violations is not required under their)Tj T* 0 Tw (policies.)Tj 1 -1.02 TD 0.202 Tw (So this is clearly an example)Tj /F14 1 Tf 14.2348 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.202 Tw (a very tragic example)Tj /F14 1 Tf 10.5699 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.202 Tw (of some-)Tj -27.8046 -1.02 TD 0.182 Tw (thing that really should never have occurred. How do we prevent)Tj T* 0.07 Tw (it? How do we stop it? Hindsight is a wonderful thing. I have intro-)Tj T* 0.1 Tw (duced legislation, as have some other colleagues, and I hope we all)Tj T* 0.154 Tw (would be supportive of it, Madam Chairman, which really tries to)Tj T* 0.268 Tw (address the problem. I think I will just very quickly say that I)Tj T* 0.098 Tw (would hope that we would have an opportunity to do something on)Tj T* 0.052 Tw (this, and I think this is a good start.)Tj 1 -1.02 TD 0.164 Tw (It creates a training and certification program for motor carrier)Tj -1 -1.02 TD 0.084 Tw (specialists, establishes a program in which the motor carrier safety)Tj T* 0.054 Tw (specialist certification board would collect and verify the current in-)Tj T* 0.278 Tw (formation on motor carriers, and provide the information to the)Tj T* 0.166 Tw (Federal Highway Administration to augment its database to start)Tj T* 0.242 Tw (a public education campaign so that people can know the condi-)Tj T* 0.214 Tw (tions of the bus companies that they employ to carry their loved)Tj T* 0 Tw (ones.)Tj 1 -1.02 TD 0.126 Tw (So I think we have a lot of problems here. But I am not here to)Tj -1 -1.02 TD 0.232 Tw (point blame. I am here to help correct the problem, and I think)Tj T* 0.052 Tw (that new Federal legislation is necessary.)Tj 1 -1.02 TD 0.13 Tw (There are no certification procedures for motor carrier safety in-)Tj -1 -1.02 TD 0.054 Tw (spectors today, and there are no standards to ensure compliance re-)Tj T* 0.052 Tw (views are consistent.)Tj 1 -1.02 TD 0.174 Tw (The final thing is that in July, just 4 months after the Federal)Tj -1 -1.02 TD 0.136 Tw (Highway Administration had assigned a satisfactory rating to this)Tj 0 -1.01 TD 0.132 Tw (particular bus company in New Orleans, a private inspection com-)Tj T* 0.064 Tw (pany under contract with the Department of Defense had failed the)Tj T* 0.172 Tw (same bus company for not having a drug and alcohol testing pro-)Tj T* 0.138 Tw (gram. Two inspectors, two totally different results, and we end up)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00007)-1076.9(Fmt 6633)-1076.9(Sfmt 6633)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 33 0 obj <>/ExtGState<>>> endobj 34 0 obj <> endobj 35 0 obj <>stream BT /F18 1 Tf 10 0 0 10 303.22 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (4)Tj -15.622 -2 TD 0.154 Tw (with a very tragic accident, killing 22 people who were very inno-)Tj 0 -1 TD 0 Tw (cent.)Tj 1 -1 TD 0.2 Tw (So I think this is an important hearing. I think the legislation)Tj -1 -1 TD 0.16 Tw (is an important effort, and I look forward to the comments of our)Tj T* 0 Tw (witnesses.)Tj 1 -1 TD 0.126 Tw (Senator H)Tj 8 0 0 7.6194 205.6693 591 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 251.0046 591 Tm 0.126 Tw (. Thank you, Senator Breaux. I really appre-)Tj -10.4005 -1 TD 0.206 Tw (ciate the interest that you are taking. I remember reading about)Tj T* 0.194 Tw (that tragedy, of course, Louisiana being so close to Texas. It was)Tj T* 0.15 Tw (absolutely incredible and, as you have pointed out, avoidable with)Tj T* 0.202 Tw (just a minimum of effort. It seems to me that the background of)Tj T* 0.052 Tw (that driver would have disqualified him.)Tj 1 -1 TD 0.058 Tw (So I certainly appreciate your coming to the hearing and look for-)Tj -1 -1 TD 0.052 Tw (ward to working with you on your legislation.)Tj 1 -1 TD (Senator Cleland, did you have an opening statement?)Tj /F20 1 Tf 9 0 0 9 212.64 494.8 Tm 0.0422 Tw (STATEMENT OF HON. MAX CLELAND,)Tj 1.8467 -1.0889 TD (U.S. SENATOR FROM GEORGIA)Tj /F18 1 Tf 10 0 0 10 157 471 Tm 0.25 Tw (Senator C)Tj 8 0 0 7.6194 205.7993 471 Tm 0 Tw (LELAND)Tj 10 0 0 10 240.7668 471 Tm 0.25 Tw (. Thank you very much, Madam Chairman. I)Tj -9.3767 -1 TD 0.17 Tw (would just like to call the Committee)Tj /F14 1 Tf 18.0597 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.17 Tw (s attention to a picture of a)Tj -18.2637 -1 TD 0.064 Tw (terrible accident involving a tractor-trailer on Interstate 285, which)Tj T* 0.13 Tw (is the main beltway around Atlanta, on August 31 of this year. In)Tj T* 0.054 Tw (the early morning hours of that day, two tractor-trailer drivers died)Tj T* 0.212 Tw (on Interstate 285 in Atlanta. Their 18-wheeler exploded, and the)Tj T* 0.118 Tw (cab that carried the two drivers was engulfed in flames. Initial re-)Tj T* 0.102 Tw (ports from the DeKalb County Police Department indicated the ac-)Tj T* 0.388 Tw (cident was typical of an accident caused by the driver falling)Tj T* 0 Tw (asleep.)Tj 1 -1 TD 0.058 Tw (Two trucking related fatalities occurred in Georgia that early Au-)Tj -1 -1 TD 0.07 Tw (gust morning, and for drivers in Atlanta that tried to get to work)Tj /F14 1 Tf 30.8055 0 TD 0 Tw ()Tj /F18 1 Tf -30.8055 -1 TD 0.122 Tw (and by the way, we have the worst traffic congestion in the south,)Tj T* 0.256 Tw (and the longest commute in the Nation)Tj /F14 1 Tf 19.5937 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.256 Tw (traffic was held up for)Tj -20.5937 -1 TD 0.052 Tw (some 8 hours in our city.)Tj 1 -1 TD 0.306 Tw (We know from national statistics that this is not an isolated)Tj -1 -1 TD 0.194 Tw (case. We have to ask, what caused the accident? Is it a result of)Tj T* 0.104 Tw (changes in the hours of service regulations? Did this accident have)Tj T* 0.17 Tw (to occur? What can Congress do to prevent future trucking fatali-)Tj T* 0 Tw (ties?)Tj 1 -1 TD 0.254 Tw (We have got to be mindful that motor carrier drivers do dan-)Tj -1 -1 TD 0.104 Tw (gerous and important work that often goes unnoticed as they work)Tj T* 0.102 Tw (each day to transport passengers to their desired destination, or to)Tj T* 0.052 Tw (convey goods from the producer to market.)Tj 1 -1 TD 0.088 Tw (My own State of Georgia is an important State for trucking com-)Tj -1 -1 TD 0.132 Tw (merce. According to the National Highway Traffic Safety Adminis-)Tj T* 0.076 Tw (tration, at any one time Georgia roads carry 4 percent of the entire)Tj T* 0 Tw (Nation)Tj /F14 1 Tf 3.186 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.112 Tw (s trucking traffic. Although that might not sound like a lot,)Tj -3.3899 -1 TD 0.126 Tw (this is the fifth largest percentage of trucks in the Nation. We are)Tj T* 0.188 Tw (tenth largest in size, but we have got the fifth largest amount of)Tj T* 0.052 Tw (trucks on the highway of any State in the Nation.)Tj 1 -1 TD 0.258 Tw (Most of these vehicles travel from one destination to the next)Tj -1 -1 TD 0.2 Tw (without incident, but those that do not make it safely sometimes)Tj T* 0.302 Tw (are involved in fatalities and almost always cause major traffic)Tj T* 0.052 Tw (backups and frustration in metropolitan areas.)Tj 1 -1 TD 0.286 Tw (I am told that trucks make up about 13 percent)Tj /F14 1 Tf 24.5037 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.286 Tw (excuse me,)Tj -26.5037 -1 TD 0.064 Tw (about 3 percent of the vehicles on the highways, and yet 13 percent)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00008)-1076.9(Fmt 6633)-1076.9(Sfmt 6633)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 36 0 obj <>/ExtGState<>>> endobj 37 0 obj <> endobj 38 0 obj <>stream BT /F18 1 Tf 10 0 0 10 303.22 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (5)Tj -15.622 -2 TD 0.11 Tw (of highway fatalities. I look forward to hearing from my colleagues)Tj 0 -0.99 TD 0.312 Tw (the comments that they have, and from the panelists, on their)Tj T* 0.272 Tw (ideas of how to reduce motor carrier accidents and most impor-)Tj T* 0.052 Tw (tantly reduce motor carrier fatalities.)Tj 1 -0.99 TD (Thank you, Madam Chairman.)Tj T* 0.064 Tw (Senator H)Tj 8 0 0 7.6194 205.0493 591.5 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.3846 591.5 Tm 0.064 Tw (. Thank you. I certainly appreciate you bring-)Tj -10.3385 -0.99 TD 0.052 Tw (ing the picture of that. That does show very graphically the tragedy)Tj T* 0.148 Tw (that occurs when we have such a big vehicle that crosses into an-)Tj T* 0.052 Tw (other lane.)Tj 1 -0.99 TD 0.204 Tw (With that, I would like to call on our first panel. I would first)Tj -1 -0.99 TD 0.052 Tw (include a statement by the chairman of the full committee.)Tj 1 -1 TD ([The prepared statement of Senator McCain follows:])Tj 8 0 0 8 162.84 516 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 168.1759 516 Tm (REPARED)Tj 8 0 0 8 203.1679 516 Tm (S)Tj 6.4 0 0 6.0958 208.2078 516 Tm [(TATEMENT)-412.5(OF)]TJ 8 0 0 8 260.6621 516 Tm (H)Tj 6.4 0 0 6.0958 267.326 516 Tm (ON)Tj 8 0 0 8 277.5212 516 Tm 0.0525 Tw (. J)Tj 6.4 0 0 6.0958 286.8371 516 Tm 0 Tw (OHN)Tj 8 0 0 8 305.0035 516 Tm (M)Tj 6.4 0 0 6.0958 312.5554 516 Tm (C)Tj 8 0 0 8 317.1762 516 Tm (C)Tj 6.4 0 0 6.0958 322.9521 516 Tm (AIN)Tj 8 0 0 8 335.3937 516 Tm 0.0525 Tw (, U.S. S)Tj 6.4 0 0 6.0958 363.9532 516 Tm 0 Tw [(ENATOR)-412.5(FROM)]TJ 8 0 0 8 417.47 516 Tm (A)Tj 6.4 0 0 6.0958 423.2459 516 Tm (RIZONA)Tj 8 0 0 8 155 503 Tm 0.09 Tw (I want to thank Senator Hutchison for holding this morning)Tj /F14 1 Tf 28.5336 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.09 Tw (s hearing on S. 1501,)Tj -29.7376 -1 TD 0.1575 Tw (the Motor Carrier Safety Improvement Act of 1999, which I recently introduced to)Tj T* 0.0575 Tw (improve truck and bus safety. In my judgement, truck safety legislation must be one)Tj T* 0.1375 Tw (of the Committee)Tj /F14 1 Tf 8.2569 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1375 Tw (s top priorities and I plan to consider S. 1501 at the next Execu-)Tj -8.4609 -1 TD 0.0525 Tw (tive Session in October.)Tj 1 -1 TD 0.18 Tw (S. 1501 is chiefly designed to remedy weaknesses regarding the existing federal)Tj -1 -1 TD 0.17 Tw (motor carrier safety program that were identified by the Department of Transpor-)Tj T* 0 Tw (tation)Tj /F14 1 Tf 2.76 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.215 Tw (s Inspector General \(DOT IG\) in April 1999. I am pleased that Ken Mead,)Tj -2.964 -1 TD 0.2625 Tw (the DOT IG, will testify this morning on my legislation. As always, Mr. Mead)Tj /F14 1 Tf 39.085 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -39.289 -1 TD 0.2275 Tw (input will be valuable as the Commerce Committee works to move motor carrier)Tj T* 0.0525 Tw (safety legislation to the full Senate for debate.)Tj 1 -1 TD 0.06 Tw (The Motor Carrier Safety Improvement Act would establish a separate Motor Car-)Tj -1 -1 TD 0.1975 Tw (rier Safety Administration within the DOT. That agency would be responsible for)Tj T* 0.0525 Tw (carrying out the federal motor carrier safety enforcement and regulatory responsibil-)Tj T* (ities currently held by the Federal Highway Administration.)Tj 1 -1 TD 0.095 Tw (Let me be clear that it is not my desire to substantially grow the Federal govern-)Tj -1 -1 TD 0.1475 Tw (ment. But I do want to ensure the critical issue of truck safety receives the atten-)Tj T* 0.1625 Tw (tion and leadership necessary to forcefully address driver and motor carrier safety)Tj T* 0.19 Tw (deficiencies and in turn, improve safety for the road traveling public. In an effort)Tj T* 0.095 Tw (to guard against increasing the already bloated Federal bureaucracy, S. 1501 would)Tj T* 0.2025 Tw (cap employment and funding for the new agency at the levels currently endorsed)Tj T* 0.0775 Tw (in May 1999 by the Administration for motor carrier safety activities. In recognition)Tj T* 0.095 Tw (of the significant differences between truck operations and passenger carrying oper-)Tj T* 0.1025 Tw (ations, my legislation would require the establishment of a separate division within)Tj T* 0.0525 Tw (the new agency to oversee commercial bus safety activities.)Tj 1 -1 TD 0.365 Tw (Aside from organizational issues, the Motor Carrier Safety Improvement Act)Tj -1 -1 TD 0.335 Tw (would require the Department to implement all of the safety recommendations)Tj T* 0.185 Tw (issued by the IG)Tj /F14 1 Tf 8.0929 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.185 Tw (s April report. DOT has indicated it will act on some of the rec-)Tj -8.2969 -1 TD 0.11 Tw (ommendations, but it has yet to articulate a definitive action plan to implement )Tj /F19 1 Tf 38.5294 0 TD 0 Tw (all)Tj /F18 1 Tf -38.5294 -1 TD 0.0725 Tw (of the IG)Tj /F14 1 Tf 4.2189 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0725 Tw (s recommendations. I do not believe we can risk the consequences of ignor-)Tj -4.4229 -1 TD 0.0625 Tw (ing the IG)Tj /F14 1 Tf 4.8289 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0625 Tw (s recommendations and accordingly, my bill would require concrete action)Tj -5.0329 -1 TD 0.0525 Tw (to eliminate the identified safety gaps at DOT.)Tj 1 -1 TD 0.0575 Tw (S. 1501 includes other provisions to improve truck and bus safety. Specifically, the)Tj -1 -1 TD 0.32 Tw (legislation would require States to report and include on a commercial driver)Tj /F14 1 Tf 39.0965 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -39.3005 -1 TD 0.0775 Tw (record all the traffic violations committed by a driver-whether those violations occur)Tj T* 0.1975 Tw (when driving a passenger vehicle or a commercial vehicle. S. 1501 would also re-)Tj T* 0.08 Tw (quire DOT to initiate a rulemaking to combine driver medical records with the com-)Tj T* 0.1025 Tw (mercial drivers license and to ensure medical providers are knowledgeable of driver)Tj T* 0.0525 Tw (medical and physical requirements for commercial drivers licensure eligibility.)Tj 1 -1 TD 0.09 Tw (The legislation directs the Secretary to carry out a program to improve the collec-)Tj -1 -1 TD 0.06 Tw (tion and analysis of data on crashes, including crash causation involving commercial)Tj T* 0.0875 Tw (motor vehicles. NHTSA, in cooperation with the new Motor Carrier Safety Adminis-)Tj T* 0.1325 Tw (tration, would administer the program. The bill includes a variety of other reforms)Tj T* 0.0625 Tw (including giving DOT authority to establish an advisory committee to assist the Sec-)Tj T* 0.0525 Tw (retary in the timely completion of ongoing rulemakings and other matters.)Tj 1 -1 TD 0.1825 Tw (I want to discuss some of the history leading up to the introduction of S. 1501.)Tj -1 -1 TD 0.1075 Tw (In the last Congress, a comprehensive package of motor carrier and highway safety)Tj T* 0.1325 Tw (provisions was enacted as part the Transportation Equity Act for the 21st Century)Tj T* 0.055 Tw (\(TEA-21\). This package was developed over a two-year period. Throughout the 105th)Tj T* 0.0825 Tw (Congress, the primary impediment faced by this Committee when crafting our high-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00009)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 39 0 obj <>/ExtGState<>>> endobj 40 0 obj <> endobj 41 0 obj <>stream BT /F18 1 Tf 10 0 0 10 303.22 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (6)Tj 8 0 0 8 147 643 Tm 0.1725 Tw (way safety legislation was an insufficient allocation of contract authority from the)Tj 0 -0.9875 TD 0.175 Tw (highway trust fund. Despite this serious constraint, the Committee did succeed in)Tj T* 0.21 Tw (raising the authorizations for motor carrier and highway safety programs. At the)Tj T* 0.065 Tw (same time, the Committee also succeeded in incorporating into TEA-21 almost every)Tj T* 0.0525 Tw (safety initiative brought to the Committee)Tj /F14 1 Tf 19.8022 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s attention.)Tj -19.0062 -0.9875 TD 0.1325 Tw (Shortly after TEA-21 was signed into law, there was an effort on the House side)Tj -1 -0.9875 TD 0.1275 Tw (to move authority over motor carrier safety from the Federal Highway Administra-)Tj T* 0.13 Tw (tion \(FHWA\) to the National Highway Traffic Safety Administration \(NHTSA\). Ad-)Tj T* 0.23 Tw (vocates of this proposal argued such a transfer would improve highway safety, a)Tj T* 0.1975 Tw (goal we all can support. But since this proposal had never been discussed during)Tj T* 0.165 Tw (the TEA-21 deliberations by the authorizing committees, I strongly felt we needed)Tj T* 0.09 Tw (to first ascertain whether such a transfer would be an effective approach to improv-)Tj T* 0.0525 Tw (ing safety. That is why I asked for the IG)Tj /F14 1 Tf 19.4752 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s counsel.)Tj -18.6792 -0.9875 TD 0.1375 Tw (I chaired a hearing in April at which the IG released his report and offered sev-)Tj -1 -0.9875 TD 0.2075 Tw (eral ways to improve motor carrier safety. After a near 6-month analysis, the IG)Tj T* 0.12 Tw (was unable to endorse the proposed transfer to NHTSA. While this and several op-)Tj T* 0.0775 Tw (tions were discussed, the IG stressed that the greatest problem impeding motor car-)Tj T* 0.2025 Tw (rier safety was a fundamental lack of leadership as currently structured at DOT.)Tj 1 -0.9875 TD 0.1325 Tw (One way to raise the visibility of truck safety and bring leadership to motor car-)Tj -1 -0.9875 TD 0.09 Tw (rier safety issues is to create an entity that has motor carrier safety as its sole pur-)Tj T* 0.175 Tw (pose. Given that we have agencies responsible for air, rail, and highway safety, it)Tj T* 0.1925 Tw (seems within reason to provide similar treatment in this modal area, particularly)Tj T* 0.22 Tw (given the many identified problems stemming from a lack of attention within its)Tj T* 0.0525 Tw (current organizational structure.)Tj 1 -0.9875 TD 0.1725 Tw (Further, creating a direct link with the Office of the Secretary would guarantee)Tj -1 -0.9875 TD 0.1225 Tw (that motor carrier safety share holders, including owners, operators, drivers, safety)Tj T* 0.105 Tw (advocates and even government employees, would not be forced to vie for attention,)Tj T* 0.16 Tw (forced to compete against highway construction and other interests as is currently)Tj T* 0.0775 Tw (the case. As we have regrettably learned, the scales of safety and highway construc-)Tj T* 0.0525 Tw (tion are not balanced and we need to take action to alter this inequity.)Tj 1 -0.9875 TD 0.0675 Tw (S. 1501 legislation was crafted over many months. Safety suggestions were sought)Tj -1 -0.9875 TD 0.205 Tw (from all the major organizations involved in commercial motor carrier operations.)Tj T* 0.11 Tw (Many of these suggestions were incorporated into S. 1501. At the same time, I con-)Tj T* 0.1625 Tw (tinue to welcome additional suggestions on how this legislation can be further im-)Tj T* 0.1975 Tw (proved. I am confident that with the input of today)Tj /F14 1 Tf 25.2421 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1975 Tw (s witnesses and the advice of)Tj -25.4461 -0.9875 TD 0.0925 Tw (the other Committee members, we will be able to report a major motor carrier safe-)Tj T* 0.0525 Tw (ty bill before the end of the session.)Tj 10 0 0 10 157 344.7 Tm 0.53 Tw ([The prepared statements of Senator Hollings and Senator)Tj -1 -0.99 TD 0.052 Tw (Inouye follow:])Tj 8 0 0 8 178.58 314.9 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 183.9159 314.9 Tm (REPARED)Tj 8 0 0 8 218.9079 314.9 Tm (S)Tj 6.4 0 0 6.0958 223.9478 314.9 Tm [(TATEMENT)-412.5(OF)]TJ 8 0 0 8 276.4022 314.9 Tm (H)Tj 6.4 0 0 6.0958 283.066 314.9 Tm (ON)Tj 8 0 0 8 293.2613 314.9 Tm 0.0525 Tw (. E)Tj 6.4 0 0 6.0958 303.9051 314.9 Tm 0 Tw (RNEST)Tj 8 0 0 8 329.3035 314.9 Tm 0.0525 Tw (F. H)Tj 6.4 0 0 6.0958 346.1712 314.9 Tm 0 Tw (OLLINGS)Tj 8 0 0 8 376.52 314.9 Tm 0.0525 Tw (, U.S. S)Tj 6.4 0 0 6.0958 405.0796 314.9 Tm 0 Tw (ENATOR)Tj -22.2562 -1.296 TD (FROM)Tj 8 0 0 8 285.1904 307 Tm (S)Tj 6.4 0 0 6.0958 290.2303 307 Tm (OUTH)Tj 8 0 0 8 312.6655 307 Tm (C)Tj 6.4 0 0 6.0958 318.4414 307 Tm (AROLINA)Tj 8 0 0 8 155 294.1 Tm 0.32 Tw (Madam Chairwoman, thank you for convening this hearing on the subject of)Tj -1 -0.9875 TD 0.215 Tw (motor carrier safety. I have reviewed S. 1501 and look forward to this morning)Tj /F14 1 Tf 39.0764 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -39.2804 -0.9875 TD (testimony.)Tj 1 -0.9875 TD 0.1575 Tw (As many of you know, I introduced legislation to establish a separate modal ad-)Tj -1 -0.9875 TD 0.175 Tw (ministration for the motor carrier industry in the 1980s. There is a modal agency)Tj T* 0.2225 Tw (for rail, transit, air, and maritime, but nothing for the largest mode of transpor-)Tj T* 0 Tw (tation)Tj /F14 1 Tf 2.76 0 TD ()Tj /F18 1 Tf 1 0 TD 0.0625 Tw (the trucking industry. I am pleased that the Committee has returned to this)Tj -3.7599 -0.9875 TD 0.0525 Tw (subject and look forward to working with Senator McCain on his bill.)Tj 1 -0.9875 TD 0.1725 Tw (At our last hearing on this subject in April, the Department of Transportation)Tj /F14 1 Tf 38.0725 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -39.2764 -0.9875 TD 0.185 Tw (Inspector General and the Chairman of the National Transportation Safety Board)Tj 0 -1 TD 0.1275 Tw (had multiple concerns about the Office of Motor Carriers. I look forward to moving)Tj T* 0.0975 Tw (ahead on the issues of increased inspections, more timely and effective rulemakings)Tj T* 0.0525 Tw (and safer highways for truck drivers and passenger cars.)Tj 1 -1 TD 0.1425 Tw (S. 1501 includes recommendations from the DOT IG)Tj /F14 1 Tf 25.1671 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1425 Tw (s report that need to be ad-)Tj -26.3711 -1 TD 0.2125 Tw (dressed. The IG)Tj /F14 1 Tf 7.7399 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2125 Tw (s report clearly indicates that we need to do more in the way of)Tj -7.9439 -1 TD 0.195 Tw (compliance reviews and we need to clear up the back log of regulatory initiatives)Tj T* 0.06 Tw (that have not been completed. These initiatives are overdue, and the public deserves)Tj T* 0.0525 Tw (an aggressive pro-active safety policy.)Tj 1 -1 TD 0.1075 Tw (In addition, the IG reports that far too few trucks are being inspected at the US-)Tj -1 -1 TD 0.145 Tw (Mexico border and far too few inspected trucks comply with U.S. safety standards.)Tj T* 0.1675 Tw (For example, at the border crossing in El Paso, Texas, an average of 1,300 trucks)Tj T* 0.0575 Tw (enter daily, yet only one inspector is on duty and he can inspect only 10 to 14 trucks)Tj T* 0.055 Tw (daily. At other crossings, there are no inspectors. Of those Mexican trucks inspected,)Tj T* 0.0675 Tw (about 44 percent were placed out of service because of serious safety violations. This)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00010)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 42 0 obj <>/ExtGState<>>> endobj 43 0 obj <> endobj 44 0 obj <>stream BT /F18 1 Tf 10 0 0 10 303.22 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (7)Tj 8 0 0 8 147 643 Tm 0.1025 Tw (contrasts with a 25 percent out-of-service rate for US trucks and 17 percent for Ca-)Tj 0 -1 TD 0.0525 Tw (nadian trucks. This safety record is unacceptable.)Tj 1 -1 TD 0.105 Tw (The trucking industry receives over 80% of the revenues derived from the domes-)Tj -1 -1 TD 0.125 Tw (tic transportation of cargo, and the industry has undergone fantastic growth in the)Tj T* 0.0775 Tw (past five years alone. The number of carriers operating in the trucking industry has)Tj T* 0.14 Tw (close to doubled since 1994 alone. The sheer volume of trucking being done in this)Tj T* 0.1275 Tw (country is astounding, and clearly, this volume has an impact on safety. I look for-)Tj T* 0.1375 Tw (ward to hearing what is being done and what can be done to address these impor-)Tj T* 0.0525 Tw (tant safety issues.)Tj 1 -1 TD 0.135 Tw (I appreciate the witnesses being here and am interested in hearing today)Tj /F14 1 Tf 35.2845 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.135 Tw (s testi-)Tj -36.4885 -1 TD 0.0525 Tw (mony with respect to S. 1501 and motor carrier safety.)Tj ET 0 G 0 J 0 j 0.4 w 10 M []0 d 1 i 291 554 m 321 554 l S BT 8 0 0 8 156.44 537.8001 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 161.7759 537.8001 Tm (REPARED)Tj 8 0 0 8 196.7679 537.8001 Tm (S)Tj 6.4 0 0 6.0958 201.8078 537.8001 Tm [(TATEMENT)-412.5(OF)]TJ 8 0 0 8 254.2622 537.8001 Tm (H)Tj 6.4 0 0 6.0958 260.9261 537.8001 Tm (ON)Tj 8 0 0 8 271.1212 537.8001 Tm 0.0525 Tw (. D)Tj 6.4 0 0 6.0958 282.2131 537.8001 Tm 0 Tw (ANIEL)Tj 8 0 0 8 306.1843 537.8001 Tm 0.0525 Tw (K. I)Tj 6.4 0 0 6.0958 320.5321 537.8001 Tm 0 Tw (NOUYE)Tj 8 0 0 8 345.0696 537.8001 Tm 0.0525 Tw (, U.S. S)Tj 6.4 0 0 6.0958 373.6292 537.8001 Tm 0 Tw (ENATOR)Tj 8 0 0 8 404.5956 537.8001 Tm (F)Tj 6.4 0 0 6.0958 409.9315 537.8001 Tm (ROM)Tj 8 0 0 8 428.2131 537.8001 Tm (H)Tj 6.4 0 0 6.0958 434.877 537.8001 Tm (AWAII)Tj 8 0 0 8 155 524.8 Tm 0.12 Tw (Mr. Chairman, thank you for calling this hearing on the Office of Motor Carriers)Tj -1 -1 TD 0.07 Tw (and on motor carrier safety, and S. 1501, the Motor Carrier Safety Act of 1999. This)Tj T* 0.1575 Tw (is a very important issue, and given the growth of the trucking industry, an issue)Tj T* 0.0525 Tw (that will impact the trucking industry, truck drivers and the traveling public.)Tj 1 -1 TD 0.2025 Tw (Our roadways are getting more crowded, and in the future it will be necessary)Tj -1 -1 TD 0.065 Tw (that we take additional steps to ensure public safety. The task is very difficult given)Tj T* 0.0525 Tw (the increasing congestion that we all face on a daily basis.)Tj 1 -1 TD 0.175 Tw (Clearly, we need to do a better job in this area. We originally initiated changes)Tj -1 -1 TD 0.0575 Tw (in the mid-1980)Tj /F14 1 Tf 7.4319 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0575 Tw (s to establish a commercial driver)Tj /F14 1 Tf 15.8633 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0575 Tw (s license and to increase oversight)Tj -23.7031 -1 TD 0.15 Tw (of trucking safety. We followed that up with the safety improvements made in the)Tj T* 0.0725 Tw (Intermodal Surface Transportation Efficiency Act of 1990. Progress in trucking safe-)Tj T* 0.2325 Tw (ty increased in the early 1990)Tj /F14 1 Tf 14.8873 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2325 Tw (s, but recently, we have felt the safety impacts of)Tj -15.0913 -1 TD 0.0525 Tw (higher volumes of trucking, and we need to take further steps to make our roadways)Tj T* (safe for the traveling public.)Tj 1 -1 TD 0.315 Tw (I look forward to working Subcommittee Chairman Hutchison, and Chairman)Tj -1 -1 TD 0.17 Tw (McCain, to help enact legislation that will enable us to work with the industry to)Tj T* 0.0525 Tw (make positive improvements in transportation safety.)Tj 10 0 0 10 157 382.8002 Tm 0.18 Tw (Senator H)Tj 8 0 0 7.6194 206.2093 382.8002 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 251.5446 382.8002 Tm 0.18 Tw (. We will start with Mr. Kenneth Mead, In-)Tj -10.4545 -1 TD 0.106 Tw (spector General of the U.S. Department of Transportation, and fol-)Tj T* 0.172 Tw (lowing that, if the Hon. Kenneth Wykle, the Administrator of the)Tj T* 0.126 Tw (Federal Highway Administration would proceed, and then it is my)Tj T* 0.116 Tw (understanding that you are going to also have Jack Basso, the As-)Tj T* 0.082 Tw (sistant Secretary for Budget and Programs at the U.S. Department)Tj T* 0.204 Tw (of Transportation as a part of your testimony that you are going)Tj T* 0.052 Tw (to split.)Tj 1 -1 TD (So Mr. Mead, if you would start.)Tj /F20 1 Tf 9 0 0 9 147 285.0002 Tm 0.8756 Tw (STATEMENT OF HON. KENNETH M. MEAD, INSPECTOR)Tj 1 -1.1111 TD 1.2711 Tw (GENERAL, U.S. DEPARTMENT OF TRANSPORTATION,)Tj T* 0.0422 Tw (ACCOMPANIED BY MS. BARBARA COBBLE)Tj /F18 1 Tf 10 0 0 10 157 251.0002 Tm 0.198 Tw (Mr. M)Tj 8 0 0 7.6194 187.8595 251.0002 Tm 0 Tw (EAD)Tj 10 0 0 10 205.6353 251.0002 Tm 0.198 Tw (. Thank you, Madam Chair, Senator Breaux, Senator)Tj -5.8635 -1 TD 0.084 Tw (Cleland. We really commend the committee for having this hearing)Tj T* 0.094 Tw (today. Motor carrier safety is probably the number one public safe-)Tj T* 0.052 Tw (ty issue in the Department of Transportation.)Tj 1 -1 TD 0.146 Tw (I am going to summarize my prepared statement. Ms. Cobble is)Tj -1 -1 TD 0.052 Tw (on my left. She directed our work in the motor carrier area.)Tj 1 -1 TD 0.134 Tw (The debate concerning oversight of the motor carrier industry is)Tj -1 -1 TD 0.114 Tw (clearly not a new one. It began over 30 years ago when motor car-)Tj T* 0.086 Tw (rier oversight was taken away from the Interstate Commerce Com-)Tj T* 0.334 Tw (mission and given to the Department of Transportation. Thrity)Tj T* 0.19 Tw (years later, the debate continues. The severity of the problem in-)Tj T* 0 Tw (tensifies.)Tj 1 -1 TD 0.204 Tw (Looking back on the congressional record, many of today)Tj /F14 1 Tf 27.7636 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.204 Tw (s con-)Tj -28.9676 -1 TD 0.182 Tw (cerns are laid out there almost verbatim. In 1998 alone, highway)Tj T* 0.124 Tw (crashes claimed over 41,000 lives. Of those, over 5,300 people died)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00011)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 45 0 obj <>/ExtGState<>>> endobj 46 0 obj <> endobj 47 0 obj <> endobj 48 0 obj <> endobj 49 0 obj <>stream BT /F18 1 Tf 10 0 0 10 303.22 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (8)Tj -15.622 -2 TD 0.144 Tw (in commercial vehicle-related crashes, including 700 truck drivers.)Tj 0 -1 TD 0.072 Tw (As a frame of reference, that equates to a major airline crash every)Tj T* 0.052 Tw (2 weeks with over 200 fatalities.)Tj 1 -1 TD 0.062 Tw (Most carriers, as you pointed out, Madam Chair, comply with the)Tj -1 -1 TD 0.096 Tw (safety rules. But there is a portion of this industry that puts profit)Tj T* 0.182 Tw (first and then puts safety in the back seat. We need to get these)Tj T* 0.052 Tw (companies to change their behavior or get them off the road.)Tj 1 -1 TD 0.138 Tw (In May, Secretary Slater established a bold goal of reducing the)Tj -1 -1 TD 0.148 Tw (number of fatalities by 50 percent over the next 10 years. Achiev-)Tj T* 0.11 Tw (ing this goal will require major efforts, especially in the face of ex-)Tj T* 0.106 Tw (traordinary industry growth. There are 450,000 motor carrier com-)Tj T* 0.268 Tw (panies today, an increase over 35 percent since 1995. That is a)Tj T* 0.052 Tw (startling figure.)Tj 1 -1 TD 0.2 Tw (We have testified before Congress on numerous occasions high-)Tj -1 -1 TD 0.286 Tw (lighting what we consider to be fundamental deficiencies in the)Tj T* 0.296 Tw (Federal Highway Administration)Tj /F14 1 Tf 15.9638 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.296 Tw (s motor carrier safety program.)Tj -16.1678 -1 TD 0.196 Tw (Many others, including the safety investigators themselves, share)Tj T* 0.106 Tw (that view. Half of the investigators responding to a survey we con-)Tj T* 0.204 Tw (ducted rated their enforcement program as poor to fair. An over-)Tj T* 0.304 Tw (whelming 86 percent of them said stronger enforcement actions)Tj T* 0.052 Tw (were needed.)Tj 1 -1 TD 0.212 Tw (Congress is now considering several different bills that contain)Tj -1 -1 TD 0.196 Tw (much-needed safety provisions. The bills all call for the strength-)Tj T* 0.116 Tw (ening of oversight and enforcement, tightening commercial driver)Tj /F14 1 Tf 31.1255 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -31.3295 -1 TD 0.438 Tw (license requirements, improving data collection, and additional)Tj T* 0.052 Tw (funding. All those are admirable provisions.)Tj 1 -1 TD 0.312 Tw (We think the bills make a compelling case for organizational)Tj -1 -1 TD 0.16 Tw (change. The Senate and House bills make a most compelling case)Tj T* 0.124 Tw (for a separate Motor Carrier Safety Administration within the De-)Tj T* 0.186 Tw (partment that would have a preeminent mission of safety. Indus-)Tj T* 0.144 Tw (try, labor, oversight agencies, and safety advocacy groups, support)Tj T* 0.198 Tw (the transfer of the motor carrier program away from the Federal)Tj T* 0.052 Tw (Highway Administration.)Tj 1 -1 TD 0.072 Tw (As I mentioned earlier, there is a 30-year history here. The deep-)Tj -1 -1 TD 0.154 Tw (seated, persistent nature of the problems in the trucking industry)Tj T* 0.232 Tw (have not diminished. The same concerns apply to a much larger)Tj T* 0.128 Tw (and more diverse industry, and there is the prospect of the border)Tj T* 0.052 Tw (opening eventually and the infusion of more trucks from Mexico.)Tj 1 -1 TD 0.292 Tw (The safety conditions that exist in the motor carrier industry)Tj -1 -1 TD 0.128 Tw (today and the loss of life and injury would not be tolerated in any)Tj T* 0.228 Tw (other commercial mode of transportation. There are nearly 6,000)Tj T* 0.264 Tw (carriers in the United States today who are operating with less)Tj T* 0.052 Tw (than satisfactory safety ratings.)Tj 1 -1 TD 0.104 Tw (Of the 7 million trucks estimated to be operating today, approxi-)Tj -1 -1 TD 0.092 Tw (mately one out of every four that is inspected is placed out of serv-)Tj T* 0.198 Tw (ice for safety violations. In 1997, there were over 2 million truck)Tj T* 0.052 Tw (inspections and over 500,000 trucks placed out of service.)Tj 1 -1 TD 0.128 Tw (Between 1995 and 1998, the number of motor carriers increased)Tj -1 -1 TD 0.072 Tw (by over 35 percent, while at the same time the Office of Motor Car-)Tj T* 0 Tw (riers)Tj /F14 1 Tf 2.166 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.07 Tw [( review of them declined by 30 percent. In our opinion, the de-)]TJ -2.37 -1 TD 0.302 Tw (cline in compliance reviews and enforcement actions can be ex-)Tj T* 0.082 Tw (plained in part by the fact that the Office of Motor Carriers shifted)Tj T* 0.08 Tw (its emphasis to a more collaborative partnership approach with the)Tj T* 0.09 Tw (motor carrier industry. That is fine where the carrier has safety as)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00012)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 50 0 obj <>/ExtGState<>>> endobj 51 0 obj <> endobj 52 0 obj <>stream BT /F18 1 Tf 10 0 0 10 303.22 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (9)Tj -15.622 -2 TD 0.18 Tw (a top priority, but it will not work with people who put safety in)Tj 0 -0.99 TD 0.136 Tw (the back seat. Violators have come to consider low fines as simply)Tj T* 0.052 Tw (a cost of doing business.)Tj 1 -0.99 TD 0.312 Tw (Recently, OMC initiated corrective action, hiring and training)Tj -1 -0.99 TD 0.226 Tw (new inspectors, working through some long-overdue rulemakings,)Tj T* 0.112 Tw (and establishing goals to increase compliance reviews. We are con-)Tj T* 0.278 Tw (cerned, though, that this came on the heels of intense criticism)Tj T* 0.1 Tw (from ourselves, the General Accounting Office, the National Trans-)Tj T* 0.18 Tw (portation Safety Board, this committee, the House Transportation)Tj T* 0.2 Tw (and Infrastructure Committee, and the Senate and House Appro-)Tj T* 0.052 Tw (priations Committees as well.)Tj 1 -0.99 TD 0.188 Tw (More fundamentally, we do not believe that even with the best)Tj -1 -0.99 TD 0.302 Tw (of intentions the Federal Highway Administration could provide)Tj T* 0.06 Tw (motor carrier safety with the level of attention it deserves. The cur-)Tj T* 0.18 Tw (rent organizational structure forces the safety mission to compete)Tj T* 0.072 Tw (for management attention and emphasis with the Federal Highway)Tj T* 0 Tw (Administration)Tj /F14 1 Tf 7.0929 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.09 Tw (s predominant mission, which involves the distribu-)Tj -7.2969 -0.99 TD 0.114 Tw (tion and investment of about $26 billion in infrastructure funds. A)Tj T* 0.378 Tw (Motor Carrier Safety Administration would eliminate this very)Tj T* 0.052 Tw (longstanding problem.)Tj 1 -0.99 TD 0.238 Tw (No organizational change in itself is a panacea. Just changing)Tj -1 -0.99 TD 0.198 Tw (the organization chart will not be enough. That is why the other)Tj T* 0.052 Tw (provisions of the bill, the safety features, and strong leadership, are)Tj T* 0.188 Tw (important. It is also very important in our view that there be no)Tj T* 0.126 Tw (ambiguity in the purpose of this Motor Carrier Safety Administra-)Tj T* 0.118 Tw (tion and that its overarching, predominant purpose has to be safe-)Tj T* 0 Tw (ty.)Tj 1 -0.99 TD 0.052 Tw (I will conclude my oral statement with that observation.)Tj T* ([The prepared statement of Mr. Mead follows:])Tj 8 0 0 8 168.16 347.9 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 173.4959 347.9 Tm (REPARED)Tj 8 0 0 8 208.4879 347.9 Tm (S)Tj 6.4 0 0 6.0958 213.5278 347.9 Tm [(TATEMENT)-412.5(OF)]TJ 8 0 0 8 265.9822 347.9 Tm (H)Tj 6.4 0 0 6.0958 272.6461 347.9 Tm (ON)Tj 8 0 0 8 282.8412 347.9 Tm 0.0525 Tw (. K)Tj 6.4 0 0 6.0958 293.9331 347.9 Tm 0 Tw (ENNETH)Tj 8 0 0 8 325.8467 347.9 Tm 0.0525 Tw (M. M)Tj 6.4 0 0 6.0958 345.8184 347.9 Tm 0 Tw (EAD)Tj 8 0 0 8 360.0392 347.9 Tm 0.0525 Tw (, I)Tj 6.4 0 0 6.0958 368.1631 347.9 Tm 0 Tw (NSPECTOR)Tj 8 0 0 8 407.4302 347.9 Tm (G)Tj 6.4 0 0 6.0958 413.6541 347.9 Tm (ENERAL)Tj 8 0 0 8 441.6221 347.9 Tm (,)Tj -26.0528 -0.9875 TD 0.0525 Tw (U.S. D)Tj 6.4 0 0 6.0958 258.0756 340 Tm 0 Tw [(EPARTMENT)-412.5(OF)]TJ 8 0 0 8 315.1508 340 Tm (T)Tj 6.4 0 0 6.0958 320.4867 340 Tm (RANSPORTATION)Tj 8 0 0 8 155 327 Tm 0.0525 Tw (Madam Chair and Members of the Committee:)Tj 0 -1 TD 0.075 Tw (We appreciate the opportunity to be here today to discuss S. 1501, the Motor Car-)Tj -1 -1 TD 0.0525 Tw (rier Safety Improvement Act of 1999.)Tj 1 -1 TD 0.13 Tw (Although the debate over whether the Office of Motor Carriers \(OMC\) should re-)Tj -1 -1 TD 0.155 Tw (main in the Federal Highway Administration \(FHWA\) appears relatively recent, it)Tj T* 0.0875 Tw (is not. Over three decades ago the debate was whether the Bureau of Motor Carrier)Tj T* (Safety should remain in the Interstate Commerce Commission or be placed in DOT.)Tj T* 0.1675 Tw (The debate focused on addressing accident prevention and, ultimately, the Bureau)Tj T* 0.065 Tw (was placed in FHWA. Twenty years later, a bill to establish a Motor Carrier Admin-)Tj T* 0.13 Tw (istration was introduced in the Senate Commerce Committee. Again, the argument)Tj T* 0.145 Tw (was to reduce the number of accidents by improving the effectiveness of the motor)Tj T* 0.0525 Tw (carrier safety program. The bill was not enacted.)Tj 1 -1 TD 0.0625 Tw (Currently, over 90 percent of transportation-related deaths involve motor vehicles.)Tj -1 -1 TD 0.185 Tw (Highway crashes claimed over 41,000 lives in 1998. One out of every eight traffic)Tj T* 0.175 Tw (fatalities involved large trucks. Over 5,300 people died in those crashes, including)Tj T* 0.0625 Tw (700 truck drivers. Truck-related fatalities have increased 20 percent since 1992. The)Tj T* 0.255 Tw (number of fatalities equates to 1 major airline crash with 200 fatalities every 2)Tj T* 0.1625 Tw (weeks. The problem is not with the majority of motor carriers that operate safely.)Tj T* 0.0525 Tw (Rather, it is with a minority of companies who egregiously violate safety rules.)Tj 1 -1 TD 0.145 Tw (In May, Secretary Slater established a bold goal of reducing the number of com-)Tj -1 -1 TD 0.1725 Tw (mercial vehicle-related fatalities by 50 percent over the next 10 years. Faced with)Tj T* 0.1325 Tw (a rapidly expanding industry, a shortage of drivers, and an expansion of cross bor-)Tj T* 0.0775 Tw (der traffic from Mexico, achieving this goal will require major efforts of the trucking)Tj T* 0.0525 Tw (industry and government.)Tj 1 -1 TD 0.1175 Tw (We have testified before Congress on numerous occasions on the subject of motor)Tj -1 -1 TD 0.065 Tw (carrier safety. We concluded in a comprehensive report to this Committee that there)Tj T* 0.0975 Tw (were fundamental deficiencies in the FHWA)Tj /F14 1 Tf 20.9872 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0975 Tw (s motor carrier safety enforcement pro-)Tj -21.1912 -1 TD 0.1475 Tw (gram. These included low fines, weak sanctions, few compliance reviews, failure to)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00013)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 53 0 obj <>/ExtGState<>>> endobj 54 0 obj <> endobj 55 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (10)Tj 8 0 0 8 147 643 Tm 0.06 Tw (enforce safety regulations, a lack of shut down orders for unsafe carriers, and a shift)Tj 0 -0.9875 TD 0.165 Tw (in emphasis from enforcement to a more collaborative partnership with the indus-)Tj T* 0 Tw (try.)Tj 1 -0.9875 TD 0.1075 Tw (Our assessment of the motor carrier program is shared by many others including)Tj -1 -0.9875 TD 0.14 Tw (safety investigators in OMC. Over 73 percent of the safety investigators responded)Tj T* 0.06 Tw (to our survey; almost half of them rated their enforcement program as )Tj /F14 1 Tf 33.4245 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.06 Tw (poor to fair.)Tj /F14 1 Tf 5.5089 0 TD 0 Tw ()Tj /F18 1 Tf -39.3414 -0.9875 TD 0.0525 Tw (Almost 86 percent of the inspectors called for stronger enforcement actions.)Tj 1 -0.9875 TD 0.155 Tw (Since we have already testified before the Commerce Committee on this subject,)Tj -1 -0.9875 TD 0.1325 Tw (our testimony today will overview our findings and conclusions. A copy of the find-)Tj T* 0.2225 Tw (ings and recommendations contained in our April 1999 report is attached to this)Tj T* 0 Tw (statement.)Tj 6.4 0 0 6.0958 202.02 550.1 Tm [(LEGISLATIVE)-412.5(PROPOSALS)-412.5(WILL)-412.5(IMPROVE)-412.5(HIGHWAY)-412.5(SAFETY)]TJ 8 0 0 8 155 537.2 Tm 0.11 Tw (Congress is now considering three different bills dealing with highway safety. All)Tj -1 -0.9875 TD 0.2 Tw (three bills are designed to forcefully address driver and motor carrier safety. The)Tj T* 0.13 Tw (bills contain much needed safety provisions, such as the strengthening of oversight)Tj T* 0.3475 Tw (and enforcement, enhancement of commercial drivers)Tj /F14 1 Tf 26.4951 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.3475 Tw [( license requirements, im-)]TJ -26.6991 -0.9875 TD 0.1225 Tw (provements in data collection and analysis, and additional funding for implementa-)Tj T* 0.0625 Tw (tion of safety features. In our opinion, OMC could have and should have administra-)Tj T* 0.0525 Tw (tively implemented many of these elements years ago.)Tj 6.4 0 0 6.0958 193.78 475.9 Tm 0 Tw [(BILLS)-412.5(MAKE)-412.5(COMPELLING)-412.5(CASE)-412.5(FOR)-412.5(ORGANIZATIONAL)-412.5(CHANGE)]TJ 8 0 0 8 155 462.9999 Tm 0.295 Tw (In previous testimony industry, labor, oversight agencies, and safety advocacy)Tj -1 -0.9875 TD 0.0775 Tw (groups have called for the transfer of the motor carrier safety program from FHWA.)Tj T* 0.155 Tw (Enactment of any of the three bills will result in some organizational change. The)Tj T* 0 Tw (Senate)Tj /F14 1 Tf 3.186 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw (s bill \(S. 1501\) and the House of Representatives)Tj /F14 1 Tf 23.2497 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw [( bill \(H.R. 2679\) would cre-)]TJ -26.8436 -0.9875 TD 0.1625 Tw (ate a separate agency with a preeminent safety mission within the Department of)Tj T* 0.175 Tw (Transportation. The Administration)Tj /F14 1 Tf 17.0737 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.175 Tw (s bill retains OMC within FHWA, but the De-)Tj -17.2777 -0.9875 TD 0.0575 Tw (partment has stated separately that they would elevate the motor carrier safety pro-)Tj T* 0 Tw (gram)Tj /F14 1 Tf 2.426 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s stature through internal reorganization.)Tj -1.63 -0.9875 TD 0.09 Tw (In our opinion, the Senate and the House bills make the most compelling case for)Tj -1 -0.9875 TD 0.1725 Tw (a separate administration with a preeminent safety mission within DOT. After 30)Tj T* 0.1175 Tw (years, Congress is still concerned about the adequacy of oversight of the motor car-)Tj T* 0.1375 Tw (rier industry and is still debating who should perform this mission. As reflected in)Tj T* 0.07 Tw (30 years of history, the deep-seated and persistent nature of serious safety problems)Tj T* 0.135 Tw (in the trucking industry has not diminished with time. Furthermore, the emphasis)Tj T* 0.1275 Tw (and priorities placed on motor carrier safety by OMC has not led to significant im-)Tj T* 0 Tw (provement.)Tj 1 -0.9875 TD 0.0775 Tw (In light of the rapid expansion of the industry and the need to reduce the number)Tj -1 -0.9875 TD 0.14 Tw (and severity of crashes, it is clear that a separate motor carrier safety administra-)Tj T* 0.08 Tw (tion is needed. As we stated in prior testimony, the current organizational structure)Tj T* 0.1925 Tw (forces OMC)Tj /F14 1 Tf 5.5984 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1925 Tw (s safety mission to compete for management attention and focus with)Tj -5.8024 -0.9875 TD 0.17 Tw (the FHWA)Tj /F14 1 Tf 5.1509 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.17 Tw (s predominant mission, which involves investing over $26 billion annu-)Tj -5.3549 -0.9875 TD 0.215 Tw (ally in infrastructure. Given the significant safety problems, the extensive loss of)Tj T* 0.17 Tw (life, and the growth of the industry, we do not believe that, even with the best of)Tj T* 0.0675 Tw (intentions, FHWA can provide motor carrier safety the level of attention it deserves.)Tj 1 -0.9875 TD 0.1675 Tw (We recognize that an organizational change, in itself, is not a panacea that will)Tj -1 -0.9875 TD 0.23 Tw (ensure improvements in motor carrier safety. It is critically important, therefore,)Tj T* 0.085 Tw (that there be no ambiguity in the predominant and overarching purpose of this pro-)Tj T* 0.0525 Tw (posed organization, namely safety.)Tj 1 -0.9875 TD 0.1225 Tw (S. 1501 very clearly focuses on safety with the title of the organization being the)Tj -1 -0.9875 TD 0.1725 Tw (Motor Carrier Safety Administration. In our opinion, the Senate bill would be im-)Tj T* 0.1275 Tw (proved by incorporating the language contained in the House bill)Tj /F14 1 Tf 31.168 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1275 Tw (s preamble which)Tj -31.372 -1 TD 0 Tw (says )Tj /F14 1 Tf 2.382 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.085 Tw (...the Administration shall consider the assignment and maintenance of safety)Tj -2.79 -1 TD 0.12 Tw (as the highest priority, recognizing the clear intent, encouragement, and dedication)Tj T* 0.0675 Tw (of Congress to the furtherance of the highest degree of safety in motor carrier trans-)Tj T* 0 Tw (portation.)Tj /F14 1 Tf 4.5559 0 TD ()Tj /F18 1 Tf -3.5559 -1 TD 0.075 Tw (Madam Chair, we generally support the provisions of S. 1501. The conditions that)Tj -1 -1 TD 0.13 Tw (exist today in the motor carrier industry would not be tolerated in any other mode)Tj T* 0.18 Tw (of commercial transportation. We would like to elaborate on the magnitude of the)Tj T* 0 Tw (problem.)Tj 6.4 0 0 6.0958 243.24 147.9999 Tm [(SAFETY)-412.5(PROBLEMS)-412.5(ARE)-412.5(NUMEROUS)]TJ 8 0 0 8 155 134.9999 Tm 0.0975 Tw (Over 7 million trucks are estimated to be operating today. Approximately one out)Tj -1 -1 TD 0.125 Tw (of every four trucks inspected in the United States is placed out of service for seri-)Tj T* 0.055 Tw (ous safety violations. In 1997, over 2 million truck safety inspections were conducted)Tj T* 0.0525 Tw (and over 500,000 trucks were placed out of service.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00014)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 56 0 obj <>/ExtGState<>>> endobj 57 0 obj <> endobj 58 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (11)Tj 8 0 0 8 155 643 Tm 0.28 Tw (In fiscal year \(FY\) 1995, 1,870 motor carriers received a less-than-satisfactory)Tj -1 -0.9875 TD 0.065 Tw (safety rating. From October 1, 1994, through September 30, 1998, 650 of those same)Tj T* 0.0725 Tw (carriers had 2,717 crashes resulting in 132 fatalities and 2,288 injuries. In FY 1998,)Tj T* 0.0875 Tw (there were about 6,000 motor carriers still operating with less-than-satisfactory rat-)Tj T* 0.18 Tw (ings that received those ratings from October 1995 through September 1998. Last)Tj T* 0.175 Tw (year, OMC reviewed the operations of 6,500 motor carriers. Nearly, 2,800 carriers)Tj T* 0.0525 Tw (received less-than-satisfactory ratings.)Tj 1 -0.9875 TD 0.15 Tw (Between 1995 and 1998, the number of motor carriers increased by over 35 per-)Tj -1 -0.9875 TD 0.0575 Tw (cent. OMC)Tj /F14 1 Tf 5.0014 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0575 Tw (s review of them, however, declined by 30 percent. During this same time)Tj -5.2054 -0.9875 TD 0.1075 Tw (frame, 846 carriers were subject to multiple enforcement actions. Of these, 127 car-)Tj T* 0.185 Tw (riers had 3 or more enforcement actions, and 117 carriers had multiple violations)Tj T* 0.0525 Tw (of the same, significant safety regulations. Only 17 of those carriers were issued out-)Tj T* 0.1275 Tw (of-service orders, with penalties averaging $2,500. In FY 1998, enforcement actions)Tj T* 0.1075 Tw (were processed on only 11 percent of the 29 most violated safety regulations identi-)Tj T* 0.0625 Tw (fied by OMC)Tj /F14 1 Tf 5.9399 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0625 Tw (s safety investigators. Violators have come to consider the low fines im-)Tj -6.1439 -0.9875 TD 0.0525 Tw (posed by OMC, not a deterrent, but merely a cost of doing business.)Tj 1 -0.9875 TD 0.125 Tw (Research has shown that fatigue is a major factor in commercial vehicle crashes.)Tj -1 -0.9875 TD 0.2925 Tw (Driver hours-of-service violations and falsified driver logs pose significant safety)Tj T* 0.09 Tw (concerns. In FY 1995, OMC enforced only 11 percent of driver log violations it iden-)Tj T* 0.0525 Tw (tified. In 1998, that number fell to 8 percent.)Tj 1 -0.9875 TD 0.0775 Tw (Since January 1997, our investigators, acting on referrals from OMC safety inves-)Tj -1 -1 TD 0.29 Tw (tigators, have conducted criminal investigations that have resulted in 61 indict-)Tj T* 0.16 Tw (ments and 48 convictions of carriers and drivers who violated motor carrier safety)Tj T* 0.23 Tw (laws. Almost $3 million in fines and restitutions have been recovered. These are)Tj T* 0.27 Tw (particularly egregious cases because they involve carriers with repeat regulatory)Tj T* 0.0675 Tw (violations requiring drivers to grossly exceed hours-of-service limits, and then falsify)Tj T* 0.0525 Tw (their driver logs to conceal the violations.)Tj 1 -1 TD 0.1775 Tw (The decline in compliance reviews and in strong enforcement actions can be ex-)Tj -1 -1 TD 0.17 Tw (plained, in part, by the fact that OMC shifted its emphasis from enforcement and)Tj T* 0.125 Tw (compliance to a more collaborative partnership approach with the motor carrier in-)Tj T* 0.155 Tw (dustry. This is a good approach for carriers that have safety as a top priority, but)Tj T* 0.09 Tw (it has gone too far. It does not work with firms that persist in violating safety rules)Tj T* 0.085 Tw (and that do not promptly take sustained corrective action. In replying to our report,)Tj T* 0.12 Tw (FHWA acknowledged )Tj /F14 1 Tf 10.4808 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.12 Tw (the pendulum has swung too far towards education/outreach)Tj -10.8888 -1 TD 0.2525 Tw (and now must move toward stronger enforcement, particularly for repeat offend-)Tj T* 0 Tw (ers....)Tj /F14 1 Tf 2.519 0 TD ()Tj /F18 1 Tf 6.4 0 0 6.0958 260.5 351.0001 Tm [(RECENT)-412.5(ACTIONS)-412.5(BY)-412.5(OMC)]TJ 8 0 0 8 155 338.0001 Tm 0.105 Tw (Following adverse findings by the Office of the Inspector General \(OIG\), the Gen-)Tj -1 -1 TD 0.18 Tw (eral Accounting Office and others, OMC has initiated corrective action to enhance)Tj T* 0.1875 Tw (its safety oversight of the motor carrier industry. For example, OMC initiated ac-)Tj T* 0.2275 Tw (tions to hire and train new inspectors, establish goals to increase the number of)Tj T* 0.075 Tw (compliance reviews, reduce the enforcement case backlog, and increase average pen-)Tj T* 0.11 Tw (alties. In addition, OMC initiated or completed rulemakings to make truck and bus)Tj T* 0.0825 Tw (operations safer. These rulemakings include the recent conspicuity rule, redefinition)Tj T* 0.09 Tw (of unfit carriers to reflect a TEA-21 enforcement provision, a new TEA-21 definition)Tj T* 0.1325 Tw (of passenger carriers, commercial drivers)Tj /F14 1 Tf 19.5837 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1325 Tw [( license disqualification for railroad grade)]TJ -19.7877 -1 TD 0.2775 Tw (crossing violations, requirements for trailer rear underride guards, and hours of)Tj T* 0.18 Tw (service revisions. We are concerned, however, that it took so long for the OMC to)Tj T* 0.215 Tw (recognize that the pendulum had swung too far away from enforcement of safety)Tj T* 0 Tw (rules.)Tj 6.4 0 0 6.0958 240.7 228.0001 Tm [(CASE)-412.5(FOR)-412.5(ORGANIZATIONAL)-412.5(CHANGE)]TJ 8 0 0 8 155 215.0001 Tm 0.1825 Tw (As we have reported and previously testified before Congress, there are persua-)Tj -1 -1 TD 0.2225 Tw (sive reasons to establish an organization with a clear, preeminent safety mission)Tj T* 0.135 Tw (free of the need to compete with FHWA)Tj /F14 1 Tf 19.1667 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.135 Tw (s primary mission of infrastructure invest-)Tj -19.3707 -1 TD 0.14 Tw (ment. Even with the best of intentions, FHWA will have difficulty giving adequate)Tj T* 0.1925 Tw (leadership attention to the motor carrier safety program because it must compete)Tj T* 0.18 Tw (for attention in an agency whose primary mission is the investment of more than)Tj T* 0.0525 Tw ($26 billion annually in transportation infrastructure.)Tj 1 -1 TD 0.13 Tw (Since 1995, the motor carrier industry grew over 35 percent, from approximately)Tj -1 -1 TD 0.125 Tw (330,000 motor carriers to over 450,000 motor carriers in 1998. This level of growth)Tj T* 0.1825 Tw (is projected to continue. During the same period, OMC)Tj /F14 1 Tf 26.6636 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1825 Tw (s oversight of the industry)Tj -26.8676 -1 TD 0.2825 Tw (diminished as greater attention was given to education and partnership. In our)Tj T* 0.12 Tw (opinion, the Motor Carrier Safety Program must have leadership that makes tough)Tj T* (decisions on issues such as shut downs, when appropriate, and uses inspection and)Tj T* 0.0525 Tw (enforcement as some of its primary tools.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00015)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 59 0 obj <>/ExtGState<>>> endobj 60 0 obj <> endobj 61 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (12)Tj 8 0 0 8 155 643 Tm 0.0825 Tw (Today, Congress is faced with the same concerns it expressed 30 years ago, which)Tj -1 -1.0125 TD 0.12 Tw (centered around the fact that \(1\) too few trucks were being inspected, \(2\) too many)Tj T* 0.285 Tw (inspected trucks were found unsafe for operations, and \(3\) driver fatigue was a)Tj T* 0.165 Tw (major factor in many accidents. Today, these same concerns apply to a larger and)Tj T* 0.1775 Tw (more diverse industry that includes the national and international motor carriers.)Tj T* 0.215 Tw (We see the safety challenges growing larger and more urgent, not less so. Based)Tj T* 0.1 Tw (on our work and safety statistics, we are of the opinion that it would be in the best)Tj T* 0.0525 Tw (interest of public safety to create a Motor Carrier Safety Administration.)Tj 1 -1.0125 TD (We will now turn to the specific safety provisions of the pending legislation.)Tj 6.4 0 0 6.0958 199.44 564.1 Tm 0 Tw [(IMPROVED)-412.5(MOTOR)-412.5(CARRIER)-412.5(OVERSIGHT)-412.5(AND)-412.5(ENFORCEMENT)]TJ 8 0 0 8 155 551 Tm 0.15 Tw (If enacted, S. 1501 would significantly improve the Federal Government)Tj /F14 1 Tf 34.6685 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.15 Tw (s ability)Tj -35.8725 -1.0125 TD 0.06 Tw (to make our highways safer, with tools such as stronger enforcement actions against)Tj T* 0.08 Tw (repeat violators, stiffer fines, and shut down orders. In this regard, S. 1501 requires)Tj T* 0.0825 Tw (the Secretary to implement the recommendations contained in our April 1999 motor)Tj T* 0.0925 Tw (carrier safety report. We believe, however, that these recommendations can be most)Tj T* 0.1625 Tw (effective if they are written in statutory language, possibly in the preamble to the)Tj T* 0.1575 Tw (legislation, to give them the emphasis intended by the bill)Tj /F14 1 Tf 28.2191 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1575 Tw (s sponsors and to avoid)Tj -28.4231 -1.0125 TD 0.0825 Tw (ambiguity in subsequent interpretations of the legislation. If it would be helpful, we)Tj T* 0.0525 Tw (would be pleased to work with you in this regard.)Tj 6.4 0 0 6.0958 153.76 472.1 Tm 0 Tw [(STRENGTHENING)-412.5(REQUIREMENTS)-412.5(FOR)-412.5(COMMERCIAL)-412.5(DRIVERS)]TJ /F14 1 Tf 8 0 0 8 370.7646 472.1 Tm ()Tj /F18 1 Tf 0.204 0 TD ( )Tj 6.4 0 0 6.0958 375.0405 472.1 Tm [(LICENSES)-412.5(\(CDL\))-412.5(AT)-412.5(THE)]TJ -18.0563 -1.3288 TD [(STATE)-412.5(AND)-412.5(DRIVER)-412.5(LEVEL)]TJ 8 0 0 8 155 450.9 Tm 0.11 Tw (S. 1501 bans the use of temporary driving permits, strengthens the requirements)Tj -1 -1.0125 TD 0.1375 Tw (for issuance of commercial drivers)Tj /F14 1 Tf 16.3078 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1375 Tw (licenses, and decertifies states not in compliance)Tj -16.5118 -1.0125 TD 0.2075 Tw (with Federal regulations. It requires recording of all traffic violations and convic-)Tj T* 0.15 Tw (tions on drivers)Tj /F14 1 Tf 7.5219 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.15 Tw [( records, whether or not committed in commercial vehicles and re-)]TJ -7.7259 -1.0125 TD 0.0525 Tw (quires medical certifications to be part of the driver)Tj /F14 1 Tf 24.1986 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s CDL record.)Tj -23.4026 -1.0125 TD 0.2475 Tw (Ongoing OIG audits show commercial drivers in some states continue to drive)Tj -1 -1.0125 TD 0.2325 Tw (trucks weighing 80,000 lbs. even though they have committed serious driving of-)Tj T* 0.1325 Tw (fenses, such as driving under the influence of alcohol, while in their personal vehi-)Tj T* 0.1925 Tw (cles. At least 12 of 39 states we reviewed allow convictions of this type to not be)Tj T* 0.12 Tw (recorded on driver records. Some states also allow drivers with suspended commer-)Tj T* 0.0775 Tw (cial drivers)Tj /F14 1 Tf 5.2624 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0775 Tw [( licenses to purchase temporary licenses and continue driving. These sit-)]TJ -5.4664 -1.0125 TD 0.1775 Tw (uations would not be authorized under S. 1501. The driver involved in the March)Tj T* 0.16 Tw (1999 grade crossing accident in Bourbonnais, Illinois, that killed 11 passengers on)Tj T* 0.205 Tw (an Amtrak train and injured 122 others was operating his truck with a )Tj /F14 1 Tf 35.7625 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (special)Tj /F14 1 Tf 3.167 0 TD ()Tj /F18 1 Tf -39.3374 -1.0125 TD (permit.)Tj 6.4 0 0 6.0958 239.98 323.4 Tm [(IMPROVEMENT)-412.5(OF)-412.5(DATA)-412.5(COLLECTION)]TJ 8 0 0 8 155 310.3 Tm 0.2875 Tw (Provisions contained in S.1501 improve the collection and analysis of data on)Tj -1 -1.0125 TD 0.1725 Tw (crashes, including crash causation involving commercial motor vehicles. OMC can-)Tj T* 0.1925 Tw (not effectively target motor carriers with the worst safety records when its Motor)Tj T* 0.2425 Tw (Carrier Management Information System is incomplete, is inaccurate or contains)Tj T* 0.1325 Tw (dated information. In this regard, we found that driver and vehicle information for)Tj T* 0.1125 Tw (over 70,000 carriers, or 16 percent of the total population, was not in the database.)Tj T* 0.1425 Tw (Furthermore, 31 percent of the crashes reported by the States were entered in the)Tj T* 0.0525 Tw (database more than 180 days after the crash date.)Tj 6.4 0 0 6.0958 253.98 239.5 Tm 0 Tw [(INCREASED)-412.5(SAFETY)-412.5(FUNDING)]TJ 8 0 0 8 155 226.4 Tm 0.075 Tw (S. 1501 authorizes an additional $50 million a year for motor carrier safety initia-)Tj -1 -1.0125 TD 0.1125 Tw (tives and data improvements. OMC)Tj /F14 1 Tf 16.9147 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1125 Tw (s budget is currently $55 million, with an addi-)Tj -17.1187 -1.0125 TD 0.06 Tw (tional $100 million going to the Motor Carrier Safety Assistance Program. Given the)Tj T* 0.0725 Tw (significant loss of life and injuries associated with large truck crashes, an additional)Tj T* 0.2025 Tw ($50 million, if put to good use, could easily satisfy the most rigorous cost benefit)Tj 0 -1 TD 0.265 Tw (analysis. As a frame of reference, FAA)Tj /F14 1 Tf 19.3127 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.265 Tw (s FY 1999 budget for aviation inspectors)Tj -19.5167 -1 TD 0.0525 Tw (alone was approximately $475 million.)Tj 6.4 0 0 6.0958 242.44 164 Tm 0 Tw [(RETROFIT)-412.5(RULEMAKING)-412.5(AUTHORITY)]TJ 8 0 0 8 155 151 Tm 0.24 Tw (Currently, the National Highway Traffic Safety Administration \(NHTSA\) is re-)Tj -1 -1 TD 0.08 Tw (sponsible for establishing safety standards for the manufacture of commercial motor)Tj T* 0.165 Tw (vehicles. FHWA is responsible for establishing standards for in-service commercial)Tj T* 0.0575 Tw (motor vehicles. But this split responsibility can result in inconsistent rulemaking re-)Tj T* 0.185 Tw (quirements. As an example, Congress directed the Secretary to adopt methods for)Tj T* 0.0625 Tw (making commercial motor vehicles more visible to motorists. NHTSA issued its rule-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00016)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 62 0 obj <>/ExtGState<>>> endobj 63 0 obj <> endobj 64 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (13)Tj 8 0 0 8 147 643 Tm 0.0725 Tw (making for safety standards of new equipment on December 10, 1992. FHWA)Tj /F14 1 Tf 36.525 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0725 Tw (s rule-)Tj -36.729 -1 TD 0.0525 Tw (making for in-service equipment was completed in March 1999.)Tj 1 -1 TD 0.215 Tw (S. 1501 provides for NHTSA to have the responsibility for rulemaking for both)Tj -1 -1 TD 0.14 Tw (new and in-service equipment. We believe this change would allow NHTSA to con-)Tj T* 0.1 Tw (duct cost benefit analyses associated with rulemakings more efficiently and to more)Tj T* 0.1125 Tw (effectively gauge the impact on the industry. It should also result in quicker imple-)Tj T* 0.37 Tw (mentation of safety requirements for in-service trucks. Our concerns with this)Tj T* 0.12 Tw (change are that the timeliness of NHTSA)Tj /F14 1 Tf 19.8517 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.12 Tw (s rulemaking not be negatively impacted,)Tj -20.0557 -1 TD 0.125 Tw (and that provisions be made for meaningful and timely input by the Motor Carrier)Tj T* 0.0525 Tw (Safety Administration in advance of issuing draft and final rules.)Tj 6.4 0 0 6.0958 202.44 557.0001 Tm 0 Tw [(ELECTRONIC)-412.5(RECORDERS)-412.5(TO)-412.5(MONITOR)-412.5(HOURS)-412.5(OF)-412.5(SERVICE)]TJ 8 0 0 8 155 544.0001 Tm 0.1625 Tw (Truck driver fatigue has been identified as one of the top issues affecting motor)Tj -1 -1 TD 0.25 Tw (carrier safety. The Administration)Tj /F14 1 Tf 16.6578 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.25 Tw (s bill calls for regulations requiring, as appro-)Tj -16.8618 -1 TD 0.285 Tw (priate, the installation and use of electronic recorders and other technologies to)Tj T* 0.15 Tw (manage the hours of service of drivers. Based on our work, we can attest that fal-)Tj T* 0.2325 Tw (sification of truck drivers)Tj /F14 1 Tf 12.3633 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD ( )Tj /F14 1 Tf 0.5105 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.2325 Tw (hours of service)Tj /F14 1 Tf 7.6859 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.2325 Tw [( logs is a very serious problem. It is)]TJ -21.5797 -1 TD 0.1925 Tw (linked to the more fundamental problem of driver fatigue. If the use of electronic)Tj T* 0.2225 Tw (recorders is not directed legislatively, then it should be recognized that Congress)Tj T* 0.07 Tw (would be relying on the new agency to issue a rulemaking governing the use of elec-)Tj T* 0.11 Tw (tronic recorders and including specific privacy protections. We support the National)Tj T* 0.1625 Tw (Transportation Safety Board)Tj /F14 1 Tf 13.6408 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1625 Tw (s recommendation, first issued in 1990 and reiterated)Tj -13.8448 -1 TD 0.165 Tw (in 1995, requiring automated/tamperproof on-board recording devices to record the)Tj T* 0.085 Tw (driving time of commercial truck drivers. The potential safety value of electronic re-)Tj T* 0.2 Tw (corders is quite significant. In our opinion, it could be accomplished more expedi-)Tj T* (tiously if it was phased in over a period of years and coupled with revised hours)Tj T* 0.0525 Tw (of service rules.)Tj 6.4 0 0 6.0958 251.86 418.0001 Tm 0 Tw [(PASSENGER)-412.5(CARRIER)-412.5(DIVISION)]TJ 8 0 0 8 155 405.0001 Tm 0.205 Tw (Establishing a separate passenger carrier division will provide the capability to)Tj -1 -1 TD 0.07 Tw (distinguish between the motorcoach and trucking industries and allow for the devel-)Tj T* 0.11 Tw (opment of different standards such as vehicle inspections. We believe this provision)Tj T* 0.1 Tw (has merit because the safety records of passenger carriers indicate that their safety)Tj T* (performance is better than large trucks, but that there are safety risks that are pe-)Tj T* 0.185 Tw (culiar to passenger carriers. For example, the standards for crash protection, roll-)Tj T* 0.1575 Tw (overs and body joint strength applicable to motorcoaches need to be different from)Tj T* 0.1775 Tw (those of large trucks. A separate division would allow the new agency to focus on)Tj T* 0.135 Tw (the development of such standards and at the same time ensure that the fatalities)Tj T* 0.0525 Tw (associated with motorcoaches do not increase.)Tj 6.4 0 0 6.0958 251.32 319.0001 Tm 0 Tw [(BORDER)-412.5(STAFFING)-412.5(STANDARDS)]TJ 8 0 0 8 155 306.0001 Tm 0.0925 Tw (H.R. 2679 requires the Secretary to develop and implement staffing standards for)Tj -1 -1 TD 0.085 Tw (border inspectors in the international border areas, and requires that staffing levels)Tj T* 0.2 Tw (not be reduced below the average level of staffing in those areas in FY 2000. Al-)Tj T* 0.27 Tw (though staffing standards can be established administratively, we agree that, in)Tj T* 0.08 Tw (light of the history of inadequate inspector staffing at the U.S.-Mexico border, a leg-)Tj T* 0.1225 Tw (islative standard is appropriate. In a report, dated December 1998, we cited a seri-)Tj T* 0.0625 Tw (ous deficiency in the number of inspectors at the U.S. border with Mexico. Following)Tj T* 0.165 Tw (our report, the Department increased the number of inspectors at the U.S.-Mexico)Tj T* 0.0525 Tw (border from 13 to 40.)Tj 1 -1 TD 0.1875 Tw (This concludes our testimony. We have a number of other technical suggestions)Tj -1 -1 TD 0.1025 Tw (on the bill, which we will discuss with your staff. I would be pleased to answer any)Tj T* 0 Tw (questions.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00017)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 65 0 obj <>/ExtGState<>>> endobj 66 0 obj <> endobj 67 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (14)Tj 6.4 0 0 6.0958 282.06 643 Tm (ATTACHMENT)Tj 8 0 0 8 153.42 627.1 Tm (E)Tj 6.4 0 0 6.0958 159.1959 627.1 Tm [(XCERPTS)-412.5(FROM)]TJ 8 0 0 8 215.3239 627.1 Tm 0.0525 Tw (OIG R)Tj 6.4 0 0 6.0958 239.4475 627.1 Tm 0 Tw [(EPORT)-412.5(ON)-412.5(THE)]TJ 8 0 0 8 294.5419 627.1 Tm (M)Tj 6.4 0 0 6.0958 302.0938 627.1 Tm (OTOR)Tj 8 0 0 8 323.5817 627.1 Tm (C)Tj 6.4 0 0 6.0958 329.3576 627.1 Tm (ARRIER)Tj 8 0 0 8 357.7064 627.1 Tm (S)Tj 6.4 0 0 6.0958 362.7463 627.1 Tm (AFETY)Tj 8 0 0 8 387.6711 627.1 Tm (P)Tj 6.4 0 0 6.0958 393.007 627.1 Tm (ROGRAM)Tj 8 0 0 8 425.5094 627.1 Tm (F)Tj 6.4 0 0 6.0958 430.8453 627.1 Tm (EDERAL)Tj 8 0 0 8 256.26 619.2 Tm (H)Tj 6.4 0 0 6.0958 262.9239 619.2 Tm (IGHWAY)Tj 8 0 0 8 293.8839 619.2 Tm (A)Tj 6.4 0 0 6.0958 299.6598 619.2 Tm (DMINISTRATION)Tj 8 0 0 8 147 606.3 Tm 0.0525 Tw (April 26, 1999)Tj 0 -1.4875 TD (Report No. TR-1999-091)Tj 6.4 0 0 6.0958 290.46 580.5 Tm 0 Tw (RESULTS)Tj 8 0 0 8 155 567.6 Tm 0.11 Tw (We found that OMC was not sufficiently effective in ensuring that motor carriers)Tj -1 -0.9875 TD 0.2525 Tw (comply with safety regulations, and that the OMC enforcement program did not)Tj T* 0.1425 Tw (adequately deter noncompliance. The basic safety problem is not with the majority)Tj T* 0.1375 Tw (of motor carriers, who do operate safely and have good maintenance and operating)Tj T* 0.1325 Tw (practices. Rather, the problem is with a minority of motor carriers, who repeatedly)Tj T* 0.195 Tw (violate safety rules and have unsatisfactory safety ratings for extended periods of)Tj T* 0.165 Tw (time. This problem is exacerbated by the fact that sanctions imposed by OMC are)Tj T* 0.0975 Tw (all too often minimal or nonexistent, thus suggesting a tolerance level for violations)Tj T* 0.0525 Tw (of safety requirements. Specifically, we found that:)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.155 Tw (The fatality )Tj /F19 1 Tf 6.0339 0 TD 0 Tw (rate )Tj /F18 1 Tf 2.247 0 TD 0.155 Tw (for large truck crashes has remained flat since 1995, while)Tj -9.2959 -0.9875 TD 0.0525 Tw (the number of fatalities involved in those crashes continues to increase. In 1997,)Tj T* 0.135 Tw (the latest year for which data was available as of April 21, 1999, 5,355 deaths)Tj T* 0.2025 Tw (resulted from large truck crashes. This equates to a major airline crash with)Tj T* 0.0525 Tw (200 fatalities every 2 weeks. This number of fatalities is unacceptable.)Tj 1.11 -0.9875 TD 0.07 Tw (The Department)Tj /F14 1 Tf 7.7559 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.07 Tw (s truck safety performance measure is based on reducing the)Tj -9.0699 -0.9875 TD 0.1875 Tw (fatality rate, which allows the number of fatalities to increase as the number)Tj T* 0.15 Tw (of vehicle miles driven by truckers increases. This measure should be changed)Tj T* 0.2625 Tw (to substantially reduce the number of fatalities, irrespective of the fact that)Tj T* 0.0925 Tw (there are more trucking firms and that greater distances are traveled. We have)Tj T* 0.1925 Tw (been advised that the Department does intend to change its goal accordingly.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.2425 Tw (OMC has shifted emphasis from enforcement to a more collaborative, edu-)Tj -1.015 -0.9875 TD 0.1275 Tw (cational, partnership-with-industry approach to safety. This is a good approach)Tj T* 0.2125 Tw (for motor carriers that have safety as a top priority, but it has gone too far.)Tj T* 0.1 Tw (It does not work effectively with firms that persist in violating safety rules and)Tj T* 0.3775 Tw (do not promptly take sustained corrective action. Strong enforcement with)Tj T* 0.3225 Tw (meaningful sanctions, including )Tj /F14 1 Tf 16.0423 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.3225 Tw (shut down)Tj /F14 1 Tf 5.1374 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.3225 Tw [( orders in appropriate cases, is)]TJ -21.9957 -0.9875 TD 0.065 Tw (needed in these situations. In its reply to our draft report, FHWA acknowledged)Tj T* 0 Tw (the )Tj /F14 1 Tf 2.028 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.25 Tw (pendulum has swung too far towards education/outreach and now must)Tj -2.436 -0.9875 TD 0.0525 Tw (move towards stronger enforcement, particularly for repeat offenders.)Tj /F14 1 Tf 32.606 0 TD 0 Tw ()Tj /F9 1 Tf -32.606 -0.9875 TD ()Tj /F18 1 Tf 1.015 0 TD 0.1875 Tw (The number of compliance reviews OMC performed has declined by 30 per-)Tj -1.015 -0.9875 TD 0.1925 Tw (cent since FY 1995, even though there has been a 36 percent increase in the)Tj T* 0.235 Tw (number of motor carriers over this period. Nearly 250 high-risk carriers rec-)Tj T* 0.0525 Tw (ommended for a compliance review in March 1998 did not receive one.)Tj 1.11 -0.9875 TD 0.085 Tw (Also, in FY 1995, 1,870 motor carriers received a less-than-satisfactory safety)Tj -1.11 -0.9875 TD 0.1575 Tw (rating. From October 1, 1994, through September 30, 1998, 650 of those same)Tj 0 -1 TD 0.1325 Tw (carriers have had over 2,500 crashes resulting in 132 fatalities and 2,288 inju-)Tj T* 0.18 Tw (ries. There are about 6,000 motor carriers operating with a less-than-satisfac-)Tj T* 0.175 Tw (tory safety rating that received those ratings from October 1995 through Sep-)Tj T* 0.0525 Tw (tember 1998.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1725 Tw (Only 11 percent of the more than 20,000 violations \(for the 29 most signifi-)Tj -1.015 -1 TD 0.1475 Tw (cant safety regulations\) identified by inspectors in FY 1998 resulted in assess-)Tj T* 0.0525 Tw (ments \(fines\), and assessments were settled for 46 percent of the dollar amounts)Tj T* 0.17 Tw (initially assessed, which is down from 67 percent of initial assessments in FY)Tj T* 0.13 Tw (1995. The average settlement was $1,600, down from $ 3,700 in FY 1995. It is)Tj T* 0.1325 Tw (apparent that many motor carriers who are fined see the penalties imposed as)Tj T* 0.0525 Tw (little more than a )Tj /F14 1 Tf 8.6009 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0525 Tw (cost of doing business.)Tj /F14 1 Tf 10.4173 0 TD 0 Tw ()Tj /F9 1 Tf -19.4262 -1 TD ()Tj /F18 1 Tf 1.015 0 TD 0.0925 Tw (Approximately 47 percent of OMC)Tj /F14 1 Tf 16.1848 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0925 Tw (s workforce responding to our survey rated)Tj -17.4037 -1 TD 0 Tw (OMC)Tj /F14 1 Tf 2.444 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.135 Tw (s enforcement program as Poor to Fair. Over 86 percent favored stronger)Tj -2.648 -1 TD 0.0575 Tw (OMC enforcement, such as putting unsafe carriers out of service, assessing larg-)Tj T* 0.0525 Tw (er fines for repeat offenders, and taking more enforcement actions.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1475 Tw (OMC has been referring motor carriers with the most egregious records and)Tj -1.015 -1 TD 0.3 Tw (indications of criminal conduct to the OIG for criminal investigation. These)Tj T* 0.17 Tw (cases target those motor carriers that intentionally defraud OMC)Tj /F14 1 Tf 31.5645 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.17 Tw (s safety pro-)Tj -31.7685 -1 TD 0.14 Tw (gram and pose a serious threat to highway safety. OMC, OIG and the Federal)Tj T* 0.1275 Tw (Bureau of Investigation signed a letter of agreement establishing a cooperative)Tj T* 0.1425 Tw (effort on the criminal investigation of such motor carriers. OIG has more than)Tj T* 0.2075 Tw (30 ongoing criminal investigations involving motor carriers. Between January)Tj T* 0.12 Tw (1, 1997 and April 1999, OIG investigations in this area have resulted in 41 in-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00018)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 68 0 obj <>/ExtGState<>>> endobj 69 0 obj <> endobj 70 0 obj <> endobj 71 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (15)Tj 8 0 0 8 163 643 Tm 0.175 Tw (dictments, 35 convictions, and $2.6 million in recoveries. As part of their sen-)Tj 0 -1.0125 TD 0.1425 Tw (tencing by the courts, motor carriers have also been suspended from operating)Tj T* 0.0525 Tw (commercial vehicles, effectively removing the operators from the highways.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0625 Tw (OMC implemented the Safety Status Measurement System \(SafeStat\) to iden-)Tj -1.015 -1.0125 TD 0.0825 Tw (tify and target motor carriers with high-risk safety records by, for example, tar-)Tj T* 0.0525 Tw (geting compliance reviews of the worst carriers. This system is a major improve-)Tj T* 0.19 Tw (ment over past practices, and the agency deserves credit for doing this. How-)Tj T* 0.1325 Tw (ever, SafeStat cannot target all carriers with the worst records because OMC)Tj /F14 1 Tf 37.089 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -37.293 -1.0125 TD 0.11 Tw (database is incomplete and inaccurate, and data input is not timely. For exam-)Tj T* 0.1025 Tw (ple, driver and vehicle information on over 70,000 carriers, or 16 percent of the)Tj T* 0.065 Tw (total population, was not in the database. Both OMC and the National Highway)Tj T* 0.2275 Tw (Traffic Safety Administration \(NHTSA\) obtain statistical data on crashes but)Tj T* 0.0725 Tw (data collection procedures are not standard. Furthermore, neither database con-)Tj T* 0.1975 Tw (tains crash causes or fault data because comprehensive crash evaluations are)Tj T* 0.0525 Tw (not performed.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.23 Tw (About 44 percent of trucks entering the United States from Mexico do not)Tj -1.015 -1.0125 TD 0.1125 Tw (meet U.S. safety standards. This rate is unacceptably high in comparison to 17)Tj T* 0.2975 Tw (percent for Canadian and 25 percent for U.S. trucks. Except for California,)Tj T* 0.1825 Tw (there are too few safety inspectors at the U.S.-Mexico border --for example at)Tj T* 0.17 Tw (an El Paso border crossing, where 1,300 trucks enter the United States daily,)Tj T* 0.195 Tw (there is only one inspector. He can inspect a maximum of 14 trucks per day.)Tj T* 0.2125 Tw (California, which has a good border inspection program, is staffed with suffi-)Tj T* 0.0525 Tw (cient State personnel.)Tj 1.11 -1.0125 TD (A strong correlation exists between an inspection presence and the safety con-)Tj -1.11 -1.0125 TD 0.1425 Tw (dition of trucks. This is because there is a significant economic consequence to)Tj T* 0.2175 Tw (a trucking firm when its trucks are placed out of service, and when there is)Tj T* 0.2275 Tw (a strong inspection presence there is a substantial likelihood of poorly main-)Tj T* 0.3575 Tw (tained trucks or unqualified drivers being detected. Because of California)Tj /F14 1 Tf 37.089 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -37.293 -1.0125 TD 0.115 Tw (strong inspection program, California)Tj /F14 1 Tf 17.7337 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.115 Tw (s out-of-service rate for Mexican trucks is)Tj -17.9377 -1.0125 TD 0.105 Tw (28 percent compared with 50 percent in Texas. It is time to resolve this matter)Tj T* 0.0525 Tw (and establish a strong inspection presence at the border.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1675 Tw (There are no clear-cut answers as to whether the motor carrier safety func-)Tj -1.015 -1.0125 TD 0.135 Tw (tion would be discharged more effectively if it were transferred from FHWA to)Tj T* 0.18 Tw (an existing or new DOT organization. The suggestion that it should be trans-)Tj T* 0.29 Tw (ferred was made due to the significant number of fatalities associated with)Tj T* 0.315 Tw (large truck crashes and a concern that OMC did not maintain a sufficient)Tj /F14 1 Tf T* 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (arm)Tj /F14 1 Tf 1.889 0 TD ()Tj /F18 1 Tf 0.204 0 TD (s-length)Tj /F14 1 Tf 3.7589 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.0525 Tw [( relationship with the industry it regulated. In fact, an OIG inves-)]TJ -6.6679 -1.0125 TD 0.1925 Tw (tigation found that senior OMC managers did not always maintain an appro-)Tj T* 0 Tw (priate )Tj /F14 1 Tf 3.1535 0 TD ()Tj /F18 1 Tf 0.408 0 TD (arm)Tj /F14 1 Tf 1.889 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.0975 Tw (s length)Tj /F14 1 Tf 3.8014 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0975 Tw [( relationship, calling into question the credibility of OMC)]TJ /F14 1 Tf 27.2086 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -37.2764 -1.0125 TD (leadership.)Tj 1.11 -1.0125 TD 0.1575 Tw (A range of organizational options exists, including combining the motor car-)Tj -1.11 -1 TD 0.0925 Tw (rier safety function with the NHTSA, creating a new agency dedicated to motor)Tj T* 0.2425 Tw (carrier safety, combining the Department)Tj /F14 1 Tf 20.1927 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2425 Tw (s surface safety functions in a new)Tj -20.3967 -1 TD 0.115 Tw (multi-modal Surface Transportation Safety Agency, or keeping OMC in FHWA.)Tj T* 0.0525 Tw (There are pros and cons to each option; none is a panacea.)Tj 1.11 -1 TD 0.3175 Tw (Maintaining an )Tj /F14 1 Tf 8.1179 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (arm)Tj /F14 1 Tf 1.889 0 TD ()Tj /F18 1 Tf 0.204 0 TD (s-length)Tj /F14 1 Tf 3.7589 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.3175 Tw [( relationship is critical for any enforcement)]TJ -15.8958 -1 TD 0.185 Tw (agency, yet the right type of new leadership can change direction and restore)Tj T* 0.1125 Tw (credibility over time. In this regard, we note that the Federal Highway Admin-)Tj T* 0.0525 Tw (istrator recently changed the top leadership in OMC. However, our greatest con-)Tj T* (cern with the current organizational placement of motor carrier safety in FHWA)Tj T* 0.125 Tw (is whether safety can receive the priority it needs in an agency whose primary)Tj T* 0.26 Tw (mission is investing billions of dollars in highway and bridge infrastructure.)Tj T* 0.225 Tw (This is not to say that it cannot be done, but it will be a formidable under-)Tj T* 0.0825 Tw (taking. In responding to our workforce survey, nearly 48 percent of OMC)Tj /F14 1 Tf 34.555 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0825 Tw (s safe-)Tj -34.759 -1 TD 0.0625 Tw (ty workforce thought an organizational change was necessary. None of the other)Tj T* 0.0525 Tw (organizational options require safety to compete with another mission.)Tj 1.11 -1 TD 0.1175 Tw (Considering the range of options, the two most viable and practical are leav-)Tj -1.11 -1 TD 0.0575 Tw (ing the motor carrier safety function in FHWA or creating a Motor Carrier Safe-)Tj T* 0.14 Tw (ty Administration dedicated to motor carrier safety. The principal drawback to)Tj T* 0.305 Tw (the NHTSA option is that NHTSA)Tj /F14 1 Tf 17.3608 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.305 Tw (s mission, though dedicated to safety, is)Tj -17.5648 -1 TD 0.08 Tw (heavily focused on regulating the manufacture of vehicles. NHTSA has no expe-)Tj T* 0.1225 Tw (rience regulating and enforcing the safety of operating trucking companies and)Tj T* 0.145 Tw (their drivers. The Surface Transportation Safety Administration, while appeal-)Tj T* 0.205 Tw (ing in concept, would be the most complex and disruptive to establish. Large)Tj T* 0.1 Tw (pieces of five Department of Transportation agencies would have to be removed)Tj T* 0.11 Tw (from their present organization and merged into one to form the new organiza-)Tj T* 0 Tw (tion.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00019)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 72 0 obj <>/ExtGState<>>> endobj 73 0 obj <> endobj 74 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (16)Tj 8 0 0 8 171.88 643 Tm 0.0725 Tw (One approach available to the Secretary and the Congress is to base the deci-)Tj -1.11 -0.9875 TD (sion on whether a Motor Carrier Safety Administration is necessary on FHWA)Tj /F14 1 Tf 37.0939 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -37.2979 -0.9875 TD 0.1825 Tw (commitment and expeditious implementation of action needed to substantially)Tj T* 0.1125 Tw (strengthen enforcement. FHWA)Tj /F14 1 Tf 15.0378 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1125 Tw (s comments on this report make such a pledge.)Tj -15.2418 -0.9875 TD 0.1725 Tw (If Congress and the Department decide on this approach, the measure of suc-)Tj T* 0.06 Tw (cess should be bottom-line improvements in motor carrier safety, and a one-year)Tj T* 0.1575 Tw (timeline should be set to judge the agency)Tj /F14 1 Tf 20.4562 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1575 Tw (s progress and make the final deci-)Tj -20.6602 -0.9875 TD 0 Tw (sion.)Tj 1.11 -0.9875 TD 0.1725 Tw (However, based on our work, together with a nearly 30-year history of con-)Tj -1.11 -0.9875 TD 0.195 Tw (gressional and public calls for strengthening motor carrier safety, we increas-)Tj T* 0.09 Tw (ingly are of the view that it would be in the long term interests of public safety)Tj T* 0.14 Tw (to create a Motor Carrier )Tj /F19 1 Tf 12.5698 0 TD 0 Tw (Safety )Tj /F18 1 Tf 3.288 0 TD 0.14 Tw (Administration. The simple fact is that under)Tj -15.8578 -0.9875 TD 0.2575 Tw (the current organizational arrangement, motor carrier safety necessarily will)Tj T* 0.1825 Tw (compete for leadership attention and emphasis with the legitimate, if not pri-)Tj T* 0.215 Tw (mary, FHWA mission of investing over $20 billion annually in highways and)Tj T* 0.2675 Tw (bridges. In light of the increasing number of fatalities associated with large)Tj T* 0.1025 Tw (trucks, demand for truck drivers and enormous industry growth in the last few)Tj T* 0.1125 Tw (years, the safety challenge will be larger and more urgent. This situation justi-)Tj T* 0.1025 Tw (fies an agency with a clear, preeminent safety mission, free of the need to com-)Tj T* 0.0525 Tw (pete with other very important transportation department missions.)Tj 1.11 -0.9875 TD 0.1525 Tw (We also are troubled by the fact that it has taken so long for the FHWA to)Tj -1.11 -0.9875 TD 0.105 Tw (recognize, as it does in comments on this report, that the pendulum has swung)Tj T* 0.11 Tw (too far away from enforcement of safety rules. Also, almost a year ago, TEA 21)Tj T* 0.25 Tw (was enacted, which provided additional enforcement authority to FHWA, yet)Tj T* 0.1975 Tw (those mandates have not been implemented. FHWA now says it will move to)Tj T* 0.185 Tw (do this immediately and improve the safety program, but this is occurring on)Tj T* 0.23 Tw (the heels of and with prompting by multiple congressional hearings, and ad-)Tj T* 0.2275 Tw (verse findings by the DOT Inspector General, the General Accounting Office,)Tj T* 0.0525 Tw (and the National Transportation Safety Board.)Tj 1.11 -0.9875 TD 0.1 Tw (We hope FHWA)Tj /F14 1 Tf 7.6249 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1 Tw (s commitment to change is followed through on with a sense)Tj -8.9389 -0.9875 TD 0.1975 Tw (of urgency and made permanent, as this would save many lives on our high-)Tj 0 -1 TD 0.175 Tw (ways, prevent injuries, and avoid economic loss. In our opinion, the likelihood)Tj T* 0.125 Tw (of this occurring would increase if the leadership and charter of the agency re-)Tj T* 0.14 Tw (sponsible for motor carrier safety had motor carrier safety as its exclusive and)Tj T* 0.0525 Tw (unambiguous mission.)Tj 1.11 -1 TD 0.1525 Tw (However, it should be recognized that unless visible improvements in safety)Tj -1.11 -1 TD 0.105 Tw (are achieved and a strong enforcement program adopted, critics would question)Tj T* 0.2525 Tw (the new Motor Carrier Safety Administration)Tj /F14 1 Tf 22.2812 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2525 Tw (s closeness to industry, just as)Tj -22.4852 -1 TD 0.21 Tw (they do with the current Office of Motor Carriers. It is pointless to make an)Tj T* 0.115 Tw (organizational change if only the chairs from one agency are shifted to another)Tj T* 0.0525 Tw (or by simply changing the organization)Tj /F14 1 Tf 18.3192 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s name.)Tj /F9 1 Tf -18.5232 -1 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1375 Tw (Regardless of where the motor carrier safety function is placed organization-)Tj -1.015 -1 TD 0.28 Tw (ally, strong enforcement action, including )Tj /F14 1 Tf 20.8817 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.28 Tw (shut down)Tj /F14 1 Tf 5.0949 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.28 Tw [( orders in appropriate)]TJ -26.7926 -1 TD 0.23 Tw (cases, will be necessary for significant violations, repeat violators, and motor)Tj T* 0.1375 Tw (carriers who have unsatisfactory safety ratings. Other measures will also have)Tj T* 0.0775 Tw (a significant bearing on motor carrier safety. These include the long-overdue re-)Tj T* 0.2575 Tw (vision of hours of service regulations, improvements in driver accountability,)Tj T* 0.0525 Tw (and performance of required annual vehicle inspections.)Tj 6.4 0 0 6.0958 270.26 256 Tm 0 Tw (RECOMMENDATIONS)Tj 8 0 0 8 155 243 Tm 0.055 Tw (Improvements are needed to ensure compliance with Federal Motor Carrier Safety)Tj -1 -1 TD 0.145 Tw (Regulations and to improve the effectiveness of the Motor Carrier Safety Program.)Tj T* 0.0525 Tw (FHWA needs to make the following improvements:)Tj /F9 1 Tf 2 -1.5 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.28 Tw (Strengthen its enforcement policy by establishing written policy and oper-)Tj -1.015 -1 TD 0.125 Tw (ating procedures to take strong enforcement action against motor carriers with)Tj T* 0.055 Tw (repeat violations of the same acute or critical regulation. Strong enforcement ac-)Tj T* 0.14 Tw (tions would include assessing fines at the statutory maximum amount, issuing)Tj T* 0.2125 Tw (compliance orders, not negotiating reduced assessments, and when necessary,)Tj T* 0.0525 Tw (placing motor carriers out of service.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.2275 Tw (Remove all administrative restrictions on fines placed in the Uniform Fine)Tj -1.015 -1 TD 0.205 Tw (Assessment program and increase the maximum fines to the level authorized)Tj T* 0.0525 Tw (by the Transportation Equity Act of the 21st Century.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.105 Tw (Establish stiffer fines that cannot be considered a cost of doing business and,)Tj -1.015 -1 TD 0.0525 Tw (if necessary, seek appropriate legislation raising statutory penalty ceilings.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1025 Tw (Implement a procedure that removes the operating authority from motor car-)Tj -1.015 -1 TD 0.1125 Tw (riers that fail to pay civil penalties within 90 days after final orders are issued)Tj T* 0.0525 Tw (or settlement agreements are completed.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00020)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 75 0 obj <>/ExtGState<>>> endobj 76 0 obj <> endobj 77 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (17)Tj /F9 1 Tf 8 0 0 8 163 643 Tm ()Tj /F18 1 Tf 1.015 0 TD 0.21 Tw (Establish criteria for determining when a motor carrier poses an imminent)Tj -1.015 -1.0125 TD 0 Tw (hazard.)Tj /F9 1 Tf T* ()Tj /F18 1 Tf 1.015 0 TD 0.19 Tw (Require follow-up visits and monitoring of those motor carriers with a less-)Tj -1.015 -1.0125 TD 0.2 Tw (than-satisfactory safety rating, at varying intervals, to ensure that safety im-)Tj T* 0.1575 Tw (provements are sustained or, if safety has deteriorated, that appropriate sanc-)Tj T* 0.0525 Tw (tions are invoked.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.075 Tw (Establish a control mechanism that requires written justification by the OMC)Tj -1.015 -1.0125 TD 0.08 Tw (State Director when compliance reviews of high-risk carriers are not performed.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1025 Tw (Establish a written policy and operating procedures that identify criteria and)Tj -1.015 -1.0125 TD 0.0525 Tw (time frames for closing all enforcement cases, including the current backlog.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.2025 Tw (Require applicants requesting operating authority to provide the number of)Tj -1.015 -1.0125 TD 0.17 Tw (commercial vehicles they operate and the number of drivers they employ, and)Tj T* 0.0525 Tw (require all motor carriers to periodically update this information.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.195 Tw (Revise the grant formula and provide incentives through the Motor Carrier)Tj -1.015 -1.0125 TD 0.145 Tw (Safety Assistance Program grants for States to provide accurate, complete and)Tj T* 0.1775 Tw (timely commercial vehicle crash reports, vehicle and driver inspection reports,)Tj T* 0.0525 Tw (and traffic violation data.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.205 Tw (Withhold funds following a reasonable notification period such as one year,)Tj -1.015 -1.0125 TD 0.12 Tw (from the Motor Carrier Safety Assistance Program grants for those States that)Tj T* 0.4 Tw (continue to report inaccurate, incomplete and untimely commercial vehicle)Tj T* 0.0525 Tw (crash data, vehicle and driver inspection data, and traffic violation data.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.135 Tw (Initiate a program to train local enforcement agencies for reporting of crash,)Tj -1.015 -1.0125 TD 0.0525 Tw (and roadside inspection data including associated traffic violations.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0825 Tw (Standardize OMC and NHTSA crash data requirements, crash data collection)Tj -1.015 -1.0125 TD 0.0525 Tw (procedures, and reports.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.11 Tw (Obtain and analyze crash causes and fault data as a result of comprehensive)Tj -1.015 -1.0125 TD 0.0525 Tw (crash evaluations to identify safety improvements.)Tj 10 0 0 10 157 418.4 Tm 0.076 Tw (Senator H)Tj 8 0 0 7.6194 205.1693 418.4 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.5046 418.4 Tm 0.076 Tw (. Thank you. That was a good beginning. You)Tj -10.3505 -1 TD 0.052 Tw (have already answered some of my questions.)Tj 1 -1 TD (Now, Mr. Wykle, you have 5 minutes to divide as you wish.)Tj /F20 1 Tf 9 0 0 9 147 378.2 Tm 0.5667 Tw (STATEMENT OF HON. KENNETH WYKLE, ADMINISTRATOR,)Tj 1 -1.2 TD 0.4889 Tw (FEDERAL HIGHWAY ADMINISTRATION, ACCOMPANIED BY)Tj T* 0.0467 Tw (HON. PETER JACK BASSO, JR., ASSISTANT SECRETARY FOR)Tj T* 0.1578 Tw (BUDGET AND PROGRAMS, OFFICE OF THE SECRETARY, U.S.)Tj T* 0.0422 Tw (DEPARTMENT OF TRANSPORTATION)Tj /F18 1 Tf 10 0 0 10 157 321 Tm 0.262 Tw (Mr. W)Tj 8 0 0 7.6194 188.8695 321 Tm 0 Tw (YKLE)Tj 10 0 0 10 211.8372 321 Tm 0.262 Tw (. Madam Chairman, members of the subcommittee,)Tj -6.4837 -1 TD 0.052 Tw (thank you for the opportunity to testify today on motor carrier safe-)Tj T* 0.08 Tw (ty. As the IG mentioned, during the last year a great deal of atten-)Tj T* 0.358 Tw (tion has been focused on the performance of the Department)Tj /F14 1 Tf 31.1296 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -31.3336 -1 TD 0.1 Tw (motor carrier program. Weaknesses were identified by various con-)Tj T* 0.178 Tw (gressional committees, the Department)Tj /F14 1 Tf 18.7577 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.178 Tw (s IG, the GAO, the review)Tj -18.9617 -1 TD 0.052 Tw (of former Congressman Mineta, and the NTSB.)Tj 1 -1 TD 0.38 Tw (Collectively, they emphasized the need for increased enforce-)Tj -1 -1 TD 0.09 Tw (ment, stronger penalties, a reduction in the backlog of enforcement)Tj T* 0.104 Tw (cases, use of on-board recorders, more timely publication of regula-)Tj T* 0.094 Tw (tions, improved safety information systems, and a strengthened or-)Tj T* 0.052 Tw (ganizational structure.)Tj 1 -1 TD 0.246 Tw (We listened to the witnesses, we read the reports, and we re-)Tj -1 -1 TD 0.13 Tw (sponded. We developed a safety action plan with 65 specific safety)Tj T* 0.052 Tw (initiatives. Let me summarize some of our achievements.)Tj 1 -1 TD 0.158 Tw (Total compliance reviews have increased by 59 percent over the)Tj -1 -1 TD 0.248 Tw (previous year. Our goal is a 100-percent increase. In August we)Tj T* 0.222 Tw (were at 3.9, almost there in terms of compliance reviews per in-)Tj T* 0.052 Tw (spector, moving toward 4.)Tj 1 -1 TD 0.198 Tw (We increased the financial penalties from an average of $1,600)Tj -1 -1 TD 0.052 Tw (to $3,200 per enforcement case.)Tj 1 -1 TD (We reduced the backlog of enforcement cases by two-thirds.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00021)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 78 0 obj <>/ExtGState<>>> endobj 79 0 obj <> endobj 80 0 obj <> endobj 81 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (18)Tj -14.344 -2 TD 0.234 Tw (We increased the number of Federal investigators at the U.S.-)Tj -1 -1 TD 0.052 Tw (Mexican border by 200 percent.)Tj 1 -1 TD 0.454 Tw (We issued final rules on trailer conspicuity, rear underride)Tj -1 -1 TD 0.086 Tw (guards for trailers, and commercial license disqualifications for rail)Tj T* 0.052 Tw (grade crossing violations.)Tj 1 -1 TD 0.098 Tw (We issued notices of proposed rulemaking on the definition of an)Tj -1 -1 TD 0.052 Tw (unfit carrier and the definition of a passenger vehicle.)Tj 1 -1 TD 0.12 Tw (We proposed our motor carrier safety legislation to address such)Tj -1 -1 TD 0.42 Tw (issues as on-board recorders, strengthening the CDL program,)Tj T* 0.34 Tw (funding a crash causation data collection effort, and expanding)Tj T* 0.052 Tw (State enforcement programs.)Tj 1 -1 TD 0.148 Tw (Most significantly, we are nearing completion of a notice of pro-)Tj -1 -1 TD 0.362 Tw (posed rulemaking on the complex and controversial 60-year-old)Tj T* 0.066 Tw (issue of driver hours of service, and we have embarked on the first-)Tj T* 0.052 Tw (ever national study of causes of serious large truck crashes.)Tj 1 -1 TD 0.118 Tw (We have entered into an agreement with the NHTSA to conduct)Tj -1 -1 TD 0.12 Tw (a study on its established crash investigationsites across the coun-)Tj T* 0 Tw (try.)Tj 1 -1 TD 0.104 Tw (Over the next several months, we will establish a unified carrier)Tj -1 -1 TD 0.282 Tw (registration system, provide additional funding to States for the)Tj T* 0.164 Tw (performance and registration management program, encourage all)Tj T* 0.082 Tw (States to develop the safety system and capabilities of the commer-)Tj T* 0.21 Tw (cial vehicle information systems network, and we will begin fleet)Tj T* 0.176 Tw (tests of advance technology collision avoidance systems on trucks.)Tj 1 -1 TD 0.184 Tw (I strongly support the retention of the Department)Tj /F14 1 Tf 24.7136 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.184 Tw (s motor car-)Tj -25.9176 -1 TD 0.074 Tw (rier function within the Federal Highway Administration, following)Tj T* 0.436 Tw (the recommendation of former Chairman Mineta. The Federal)Tj T* 0.08 Tw (Highway Administration reorganized in the fall of 1998. One of the)Tj T* 0.092 Tw (key changes was bringing together the various pieces of safety into)Tj T* 0.12 Tw (one core business unit. The Mineta recommendations build on this)Tj T* 0.106 Tw (by further strengthening the reporting and management structure.)Tj 1 -1 TD 0.052 Tw (By creating a new Deputy for Motor Carrier and Highway Safety,)Tj -1 -1 TD 0.068 Tw (and improving the field reporting structure, we bring together safe-)Tj T* 0.2 Tw (ty as it pertains to the driver, the vehicle, technology, and infra-)Tj T* 0.166 Tw (structure. To create a new agency will be costly, slow the current)Tj T* 0.14 Tw (momentum, weaken the program, and make coordination and pro-)Tj T* 0.052 Tw (gram execution more difficult.)Tj 1 -1 TD 0.066 Tw (We welcome the opportunity to work with the committee to enact)Tj -1 -1 TD 0.15 Tw (a bill that will enable us to achieve our goal of reducing fatalities)Tj T* 0.23 Tw (resulting from large truck and bus crashes by 50 percent within)Tj T* 0.052 Tw (the decade.)Tj 1 -1 TD 0.092 Tw (Chairman McCain)Tj /F14 1 Tf 8.6659 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.092 Tw (s bill includes a number of provisions that are)Tj -9.8699 -1 TD 0.142 Tw (similar to those in the administration)Tj /F14 1 Tf 18.1017 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.142 Tw (s bill: the CDL program, in-)Tj -18.3057 -1 TD 0.14 Tw (creased funding, and improved data collection. We believe there is)Tj T* 0.168 Tw (broad agreement between the administration)Tj /F14 1 Tf 21.6007 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.168 Tw (s bill and S. 1501 in)Tj -21.8047 -1 TD 0.192 Tw (several areas. We look forward to continuing our work with Con-)Tj T* 0.052 Tw (gress to achieve our top priority, safety.)Tj 1 -1 TD (This concludes my remarks. I look forward to your questions.)Tj T* 0.43 Tw (Senator H)Tj 8 0 0 7.6194 208.7093 160.9999 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 254.0446 160.9999 Tm 0.43 Tw (. Thank you. Did you want to add, Mr.)Tj -10.7045 -1 TD 0 Tw (Basso?)Tj 1 -1 TD 0.07 Tw (Mr. B)Tj 8 0 0 7.6194 184.3596 140.9999 Tm 0 Tw (ASSO)Tj 10 0 0 10 206.4392 140.9999 Tm 0.07 Tw (. Madam Chair, yes, thank you, just very briefly. I will)Tj -5.9439 -1 TD 0.052 Tw (be very brief.)Tj 1 -1 TD 0.126 Tw (First let me say on behalf of Secretary Slater, Madam Chair, he)Tj -1 -1 TD 0.17 Tw (wanted me to convey to you safety is the Department)Tj /F14 1 Tf 26.0696 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.17 Tw (s number 1)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00022)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 82 0 obj <>/ExtGState<>>> endobj 83 0 obj <> endobj 84 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (19)Tj -15.344 -2 TD 0.214 Tw (priority. Second, with regard to many of the things that General)Tj 0 -1.01 TD 0.224 Tw (Wykle has put forward in particular, we need strengthened data)Tj T* 0.13 Tw (collection, we need strengthened laws, and I think this committee,)Tj T* 0.248 Tw (Chairman McCain has put forward a very sound legislative pro-)Tj T* 0 Tw (posal.)Tj 1 -1.01 TD 0.292 Tw (We submitted, on behalf of the Department of Transportation)Tj -1 -1.01 TD 0.172 Tw (and the Administration, legislation which in many ways would, if)Tj T* 0.21 Tw (combined with Senator McCain)Tj /F14 1 Tf 15.1678 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.21 Tw (s legislation, move the motor car-)Tj -15.3718 -1.01 TD 0.208 Tw (rier safety program forward on the question of organization. One)Tj T* 0.116 Tw (way, certainly, of reinforcing and improving the organization is re-)Tj T* 0.13 Tw (tention within the Federal Highway Administration, adding a new)Tj 0 -1 TD 0.054 Tw (Deputy for Motor Carrier Safety, and that is one way, but there are)Tj T* 0.052 Tw (other considerations.)Tj 1 -1 TD 0.224 Tw (The Inspector General has pointed those out, and we certainly)Tj -1 -1 TD 0.192 Tw (want to work with this committee and with the Congress to deal)Tj T* 0.108 Tw (with those questions of organization, and I will simply conclude by)Tj T* 0.168 Tw (saying, the bottom line for all of us is not about simply organiza-)Tj T* 0.082 Tw (tion, but it is about effective implementation of the laws to prevent)Tj T* 0.158 Tw (the kinds of things we have seen in Atlanta that Senator Cleland)Tj T* 0.154 Tw (brought up, and also Senator Breaux)Tj /F14 1 Tf 17.8457 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.154 Tw (s concerns in Louisiana, and)Tj -18.0497 -1 TD 0.32 Tw (we share those concerns, and that will conclude my statement,)Tj T* 0.052 Tw (Madam Chair.)Tj 1 -1 TD (We would be happy to answer your questions.)Tj T* ([The prepared statement of Mr. Basso follows:])Tj 8 0 0 8 147 394.0002 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 152.3359 394.0002 Tm (REPARED)Tj 8 0 0 8 187.3679 394.0002 Tm (S)Tj 6.4 0 0 6.0958 192.4078 394.0002 Tm [(TATEMENT)-418.7(OF)]TJ 8 0 0 8 244.9422 394.0002 Tm (H)Tj 6.4 0 0 6.0958 251.606 394.0002 Tm (ON)Tj 8 0 0 8 261.8012 394.0002 Tm 0.0575 Tw (. P)Tj 6.4 0 0 6.0958 272.0451 394.0002 Tm 0 Tw (ETER)Tj /F14 1 Tf 8 0 0 8 292.8563 394.0002 Tm ()Tj /F18 1 Tf 0.408 0 TD (J)Tj 6.4 0 0 6.0958 300.5682 394.0002 Tm (ACK)Tj /F14 1 Tf 8 0 0 8 314.789 394.0002 Tm ()Tj /F18 1 Tf 0.408 0 TD 0.0575 Tc ( B)Tj 6.4 0 0 6.0958 326.5128 394.0002 Tm 0 Tc (ASSO)Tj 8 0 0 8 344.1768 394.0002 Tm 0.0575 Tw (, J)Tj 6.4 0 0 6.0958 353.5326 394.0002 Tm 0 Tw (R)Tj 8 0 0 8 358.1534 394.0002 Tm 0.0575 Tw (., A)Tj 6.4 0 0 6.0958 371.0612 394.0002 Tm 0 Tw (SSISTANT)Tj 8 0 0 8 406.8164 394.0002 Tm (S)Tj 6.4 0 0 6.0958 411.8563 394.0002 Tm [(ECRETARY)-418.7(FOR)]TJ 8 0 0 8 155 386.0002 Tm (B)Tj 6.4 0 0 6.0958 160.7759 386.0002 Tm [(UDGET)-459.4(AND)]TJ 8 0 0 8 205.5359 386.0002 Tm (P)Tj 6.4 0 0 6.0958 210.8718 386.0002 Tm (ROGRAMS)Tj 8 0 0 8 244.7661 386.0002 Tm 0.09 Tw (, O)Tj 6.4 0 0 6.0958 256.158 386.0002 Tm 0 Tw [(FFICE)-459.4(OF)-459.4(THE)]TJ 8 0 0 8 308.8308 386.0002 Tm (S)Tj 6.4 0 0 6.0958 313.8707 386.0002 Tm (ECRETARY)Tj 8 0 0 8 350.3698 386.0002 Tm 0.09 Tw (, U.S. D)Tj 6.4 0 0 6.0958 380.7134 386.0002 Tm 0 Tw [(EPARTMENT)-459.4(OF)]TJ 8 0 0 8 438.3885 386.0002 Tm (T)Tj 6.4 0 0 6.0958 443.7245 386.0002 Tm (RANS)Tj 8 0 0 8 462.2141 386.0002 Tm (-)Tj 6.4 0 0 6.0958 155 378.0002 Tm (PORTATION)Tj /F19 1 Tf 8 0 0 8 147 365.0002 Tm (INTRODUCTION)Tj /F18 1 Tf 1 -1.25 TD 0.19 Tw (Madam Chairman and Members of the Subcommittee, thank you for the oppor-)Tj -1 -1 TD 0.27 Tw (tunity to testify on motor carrier safety and legislation introduced by Chairman)Tj T* 0.1675 Tw (McCain, S. 1501, the Motor Carrier Safety Improvement Act of 1999. The Depart-)Tj T* 0.1975 Tw (ment has also proposed legislation, the Motor Carrier Safety Act of 1999 and the)Tj T* 0.13 Tw (Highway-Rail Grade Crossing Safety Act of 1999, together introduced by Sen. Lau-)Tj T* 0.1725 Tw (tenberg as S. 1559, to enhance the safety of motor carrier operations and the Na-)Tj T* 0 Tw (tion)Tj /F14 1 Tf 1.815 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.1725 Tw (s highway system, including highway-rail crossings. We think there are many)Tj -2.019 -1 TD 0.0525 Tw (similarities between these bills, including a mutual goal of putting safety first.)Tj /F19 1 Tf 0 -1.5 TD (SAFETY GOAL)Tj /F18 1 Tf 1 -1.25 TD 0.1575 Tw (President Clinton and Secretary Slater have repeatedly stated that the safety of)Tj -1 -1 TD 0.1175 Tw (our Nation)Tj /F14 1 Tf 5.1364 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1175 Tw (s transportation systems is our Department)Tj /F14 1 Tf 20.8482 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1175 Tw (s highest priority. This year)Tj -26.3926 -1 TD 0.225 Tw (the Department has made an extraordinary effort to meet its challenge in motor)Tj T* 0.0875 Tw (carrier safety. The motor carrier industry has grown and changed dramatically over)Tj T* 0.1025 Tw (the past 30 years and it will continue to grow with the vigor of our economy. There)Tj T* 0.1425 Tw (are now more than 500,000 truck and bus companies and 6 million drivers subject)Tj T* 0.1775 Tw (to Federal and State safety oversight. There are more than 7 million large trucks)Tj T* 0.0925 Tw (and 125,000 buses traveling almost 200 billion miles on the Nation)Tj /F14 1 Tf 31.8425 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0925 Tw (s highways each)Tj -32.0465 -1 TD 0.1375 Tw (year. The rate of fatalities resulting from large truck and bus crashes has dropped)Tj T* 0.0925 Tw (significantly over the past 20 years, from 6.0 fatalities per 100 million vehicle miles)Tj T* 0.11 Tw (traveled in 1977 to 2.8 fatalities per 100 million vehicle miles traveled in 1997 \(the)Tj T* 0.06 Tw (last year for which we have complete data to compute this rate\). Nevertheless, 5,374)Tj T* 0.1525 Tw (deaths occurred in heavy truck crashes in 1998 and another 123,000 persons were)Tj T* 0.1825 Tw (injured that year in heavy truck crashes. These are still unacceptable losses. Sec-)Tj T* 0.105 Tw (retary Slater announced on May 25 of this year that the Department is committing)Tj T* 0.1125 Tw (itself to an aggressive goal of reducing fatalities resulting from large truck and bus)Tj T* 0.0525 Tw (crashes by 50 percent within the next 10 years.)Tj /F19 1 Tf 0 -1.5 TD (THE DEPARTMENTS COMPREHENSIVE PROGRAM)Tj /F18 1 Tf 1 -1.25 TD 0.2575 Tw (The Department of Transportation and its State and local partners have com-)Tj -1 -1 TD 0.115 Tw (prehensive motor carrier safety efforts that involve coordination among the Federal)Tj T* 0.095 Tw (Highway Administration \(FHWA\), the National Highway Traffic Safety Administra-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00023)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 85 0 obj <>/ExtGState<>>> endobj 86 0 obj <> endobj 87 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (20)Tj 8 0 0 8 147 643 Tm 0.0875 Tw (tion \(NHTSA\), the Research and Special Programs Administration \(RSPA\), the Fed-)Tj 0 -0.9875 TD 0.1075 Tw (eral Transit Administration \(FTA\), the Federal Railroad Administration \(FRA\), and)Tj T* 0.095 Tw (the Bureau of Transportation Statistics \(BTS\), as well as State and local safety and)Tj T* 0.3275 Tw (law enforcement agencies. The programs of the different modal administrations)Tj T* 0.1775 Tw (within the Department are complementary, and together they address each of the)Tj T* 0.0525 Tw (following areas:)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD (Drivers)Tj /F14 1 Tf 3.4809 0 TD ()Tj /F18 1 Tf 1 0 TD 0.07 Tw (We require that professional drivers be qualified and licensed, medi-)Tj -5.4959 -0.9875 TD 0.0525 Tw (cally fit, alert and fully attentive to their driving task.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD (Vehicles)Tj /F14 1 Tf 3.8699 0 TD ()Tj /F18 1 Tf 1 0 TD 0.0975 Tw (Trucks and buses must be manufactured and equipped with appro-)Tj -5.8849 -0.9875 TD 0.0525 Tw (priate safety technologies and be well maintained for safe operation.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0575 Tw (Highway Infrastructure Environment)Tj /F14 1 Tf 17.6127 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.0575 Tw (The highway environment must be de-)Tj -19.6277 -0.9875 TD 0.1975 Tw (signed and built to safely accommodate large and small vehicles, while incor-)Tj T* 0.2075 Tw (porating the latest features to minimize driver errors and mitigate their con-)Tj T* 0.16 Tw (sequences when they do occur. To ensure a safe environment, there must also)Tj T* 0.1475 Tw (be strong enforcement efforts with respect to speed limits and size and weight)Tj T* 0 Tw (laws)Tj /F9 1 Tf T* ()Tj /F18 1 Tf 1.015 0 TD 0.365 Tw (Motor Carrier Operations)Tj /F14 1 Tf 12.6178 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.365 Tw (We require that carriers employ sound safety)Tj -14.6328 -0.9875 TD 0.16 Tw (management systems to oversee their operations, and we use data to compare)Tj T* 0.0525 Tw (individual carrier performance against overall industry safety performance.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.3075 Tw (Hazardous Materials \(HM\) Transportation)Tj /F14 1 Tf 20.7182 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.3075 Tw (We set standards for the safe)Tj -22.7332 -0.9875 TD 0.115 Tw (handling, routing, packaging, marking, and labeling of HM shipments and con-)Tj 0 -1 TD 0.1775 Tw (tainers, and provide support and grants for emergency response planning and)Tj T* 0 Tw (training.)Tj /F9 1 Tf T* ()Tj /F18 1 Tf 1.015 0 TD (Technology)Tj /F14 1 Tf 5.2219 0 TD ()Tj /F18 1 Tf 1 0 TD 0.1375 Tw (By fostering the development and use of advanced technologies,)Tj -7.2369 -1 TD 0.2975 Tw (we can improve driver, vehicle, and roadway safety. We can reduce human)Tj T* 0.235 Tw (error, receive warning of mechanical problems, target high risk carriers, and)Tj T* 0.0525 Tw (improve the effectiveness and coverage of roadside inspections.)Tj -1 -1.5 TD 0.0925 Tw (Our programs have helped reduce the rate of crashes, injuries, and fatalities, and)Tj -1 -1 TD 0.0625 Tw (we are taking action every day, throughout the Department, to make them stronger,)Tj T* 0.0525 Tw (better, and more effective in saving lives.)Tj 10 0 0 10 157 391 Tm 0.13 Tw (Senator H)Tj 8 0 0 7.6194 205.7093 391 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 251.0446 391 Tm 0.13 Tw (. Thank you. I want to start with Mr. Mead.)Tj -9.4045 -1 TD 0.092 Tw (Being a border State, I have been very concerned about the safe-)Tj -1 -1 TD 0.212 Tw (ty level of Mexican trucks coming in through my State, but it is)Tj T* 0.274 Tw (certainly not limited to my State. We find today that there are)Tj T* 0.12 Tw (Mexican trucks operating in 24 States and if they are not meeting)Tj T* 0.248 Tw (the same level of safety as our American trucks are required to)Tj T* 0.052 Tw (meet, that is an issue for all 24 of those States, soon to be 48.)Tj 1 -1 TD 0.088 Tw (I want to ask you in your report that you issued what you would)Tj -1 -1 TD 0.184 Tw (suggest that we can do to increase the rate of inspection, or is it)Tj T* 0.238 Tw (just too early to open our doors to Mexican trucks? What is the)Tj T* 0.084 Tw (right answer, to make sure that all of the people that are traveling)Tj T* 0.114 Tw (on our highways are going to be safe and also have the security of)Tj T* 0.244 Tw (knowing that every truck that enters our country, whether from)Tj T* 0.052 Tw (Canada or Mexico, meets the same standards?)Tj 1 -1 TD 0.232 Tw (Mr. M)Tj 8 0 0 7.6194 188.1996 250.9999 Tm 0 Tw (EAD)Tj 10 0 0 10 205.9753 250.9999 Tm 0.232 Tw (. You mentioned in your opening remarks a statistic)Tj -5.8975 -1 TD 0.158 Tw (about that inspector at the El Paso border, the one gentlemen re-)Tj T* 0.19 Tw (sponsible for a crossing that had a peak of nearly 2,000 trucks a)Tj T* 0.17 Tw (day. He could inspect only 13. The Department has increased the)Tj T* 0.122 Tw (number of inspectors since we issued our report, based on our rec-)Tj T* 0.082 Tw (ommendations to 40 at the border. We do not think that is enough.)Tj T* 0.084 Tw (We think the number of inspectors ought to range from somewhere)Tj T* 0.052 Tw (from 60 to 125.)Tj 1 -1 TD 0.082 Tw (The bill contains a requirement for staffing standards at the bor-)Tj -1 -1 TD 0.172 Tw (der. Although staffing standards can be directed administratively,)Tj T* 0.116 Tw (I think in view of the sad history here at the border of inadequate)Tj T* 0.214 Tw (staffing, that it would be appropriate for the legislation to direct)Tj T* 0.098 Tw (a staffing standard. This is very important: to have enough inspec-)Tj T* 0.194 Tw (tors so that the truckers know when they are coming across into)Tj T* 0.134 Tw (that commercial zone that there is going to be a consequence, and)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00024)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 88 0 obj <>/ExtGState<>>> endobj 89 0 obj <> endobj 90 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (21)Tj -15.344 -2 TD 0.192 Tw (that there is a chance of getting caught. If an inspector can only)Tj 0 -1 TD 0.076 Tw (inspect 13 trucks a day, there is not much chance of getting caught)Tj T* 0.052 Tw (if you are a driver in the other 1,900 of them.)Tj 1 -1 TD 0.124 Tw (Second, we are going to be issuing a report next month on what)Tj -1 -1 TD 0.056 Tw (we have found in the 24 States in which these Mexican trucks were)Tj T* 0.186 Tw (operating. Most of those trucks should not have been in those 24)Tj T* 0 Tw (States.)Tj 1 -1 TD 0.052 Tw (Senator H)Tj 8 0 0 7.6194 204.9293 571 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 571 Tm 0.052 Tw (. How did they get through?)Tj -9.3265 -1 TD 0.272 Tw (Mr. M)Tj 8 0 0 7.6194 188.5995 561 Tm 0 Tw (EAD)Tj 10 0 0 10 206.3753 561 Tm 0.272 Tw (. Well, I thought that the commercial zones, having)Tj -5.9375 -1 TD 0.14 Tw (never been to one until this review, perhaps had a barrier around)Tj T* 0.214 Tw (them and that Mexican trucks could drive across the border and)Tj T* 0.064 Tw (then could not go on. But that is not so. There is nothing that actu-)Tj T* 0.156 Tw (ally physically prevents the trucks from going on into the interior)Tj T* 0.154 Tw (States, or leaving the commercial zone and going into the interior)Tj T* 0.052 Tw (of the State of Texas.)Tj 1 -1 TD 0.06 Tw (There are some exemptions that do allow Mexican trucks to come)Tj -1 -1 TD 0.214 Tw (into the United States, but they are fairly limited, and based on)Tj T* 0.138 Tw (what we have seen so far and the trucks we have identified, most)Tj T* 0.052 Tw (of them would not fall within the scope of those exemptions.)Tj 1 -1 TD 0.22 Tw (Senator H)Tj 8 0 0 7.6194 206.6093 450.9999 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 251.9446 450.9999 Tm 0.22 Tw (. So you are saying in addition to more in-)Tj -10.4945 -1 TD 0.096 Tw (spectors we need to have some sort of barrier that would eliminate)Tj T* 0.052 Tw (the possibility of someone just getting through?)Tj 1 -1 TD 0.22 Tw (Mr. M)Tj 8 0 0 7.6194 188.0795 421 Tm 0 Tw (EAD)Tj 10 0 0 10 205.8553 421 Tm 0.22 Tw (. Yes, control mechanisms of some sort. I visited the)Tj -5.8855 -1 TD 0.094 Tw (border crossing in the State of California)Tj /F14 1 Tf 19.4167 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.094 Tw (where the State govern-)Tj -20.4167 -1 TD 0.158 Tw (ment has established a first-rate facility and adequately staffed it)Tj T* 0.116 Tw (with State inspectors)Tj /F14 1 Tf 10.0478 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.116 Tw (and the out-of-service rate for trucks at the)Tj -11.0478 -1 TD 0.15 Tw (border in Otay Mesa is a little higher than 25 percent, which you)Tj T* 0.138 Tw (quoted as the out-of-service rate for U.S. trucks, but not by much.)Tj T* 0.058 Tw (That compares to almost 50 percent at the crossings at El Paso and)Tj T* 0.444 Tw (Laredo. That is unbelievable. 50 percent)Tj /F14 1 Tf 20.8537 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.444 Tw (even 25 percent)Tj /F14 1 Tf 8.1659 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD (is)Tj -31.0196 -1 TD 0.052 Tw (nothing to write home about.)Tj 1 -1 TD 0.06 Tw (Senator H)Tj 8 0 0 7.6194 205.0093 330.9999 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.3446 330.9999 Tm 0.06 Tw (. Well, I really commend California for taking)Tj -10.3345 -1 TD 0.248 Tw (that State effort, but honestly, it should not be a State require-)Tj T* 0.246 Tw (ment. It should be a Federal requirement, and we need to have)Tj T* 0.386 Tw (Federal standards, Federal regulations, and Federal inspectors,)Tj T* 0.052 Tw (and we are shirking our responsibility.)Tj 1 -1 TD 0.168 Tw (Mr. M)Tj 8 0 0 7.6194 187.5595 280.9999 Tm 0 Tw (EAD)Tj 10 0 0 10 205.3353 280.9999 Tm 0.168 Tw (. We agree totally. It is an international border, after)Tj -5.8335 -1 TD 0.11 Tw (all. I think that it is clear that it is a Federal responsibility at the)Tj T* 0 Tw (border.)Tj 1 -1 TD 0.202 Tw (Senator H)Tj 8 0 0 7.6194 206.4293 250.9999 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 251.7646 250.9999 Tm 0.202 Tw (. I just want to ask you one quick question)Tj -10.4765 -1 TD 0.154 Tw (before my time is up, and that is, Mr. Wykle has, or perhaps Mr.)Tj T* 0.218 Tw (Basso said that adding a new Deputy Secretary for safety would)Tj T* 0.21 Tw (perhaps be sufficient, rather than an administration dedicated to)Tj T* 0.052 Tw (safety. Would you comment on that?)Tj 1 -1 TD 0.228 Tw (Mr. M)Tj 8 0 0 7.6194 188.1595 200.9999 Tm 0 Tw (EAD)Tj 10 0 0 10 205.9353 200.9999 Tm 0.228 Tw (. Yes. I view that as creating two agencies in one. I)Tj -5.8935 -1 TD 0.156 Tw (would agree that it would elevate the importance of motor carrier)Tj T* 0.254 Tw (safety. But there is no way that an agency with a $100 million)Tj T* 0.236 Tw (budget is going to be able to compete effectively with an agency)Tj T* 0.052 Tw (charged with investing $26 billion.)Tj 1 -1 TD 0.204 Tw (The clear and preeminent purpose of the Federal Highway Ad-)Tj -1 -1 TD 0.344 Tw (ministration is investment in infrastructure. The dynamics and)Tj T* 0.156 Tw (profile of the trucking industry and the enormous growth and the)Tj T* 0.102 Tw (loss of life suggests to us that the time has come to really focus on)Tj T* 0.052 Tw (safety and we are going to need a special unit to do that.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00025)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 91 0 obj <>/ExtGState<>>> endobj 92 0 obj <> endobj 93 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (22)Tj -14.344 -2 TD 0.07 Tw (Senator H)Tj 8 0 0 7.6194 205.1093 641 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.4446 641 Tm 0.07 Tw (. Thank you. So you do not feel it is adequate)Tj -10.3445 -1 TD 0.052 Tw (just to add another Secretary, or Deputy?)Tj 1 -1 TD (Mr. M)Tj 8 0 0 7.6194 186.3995 621 Tm 0 Tw (EAD)Tj 10 0 0 10 204.1753 621 Tm 0.052 Tw (. No, Madam Chair, I do not.)Tj -4.7175 -1 TD (Senator H)Tj 8 0 0 7.6194 204.9293 611 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 611 Tm 0.052 Tw (. Thank you. Senator Breaux.)Tj -9.3265 -1 TD 0.166 Tw (Senator B)Tj 8 0 0 7.6194 204.9593 601 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.4388 601 Tm 0.166 Tw (. Thank you, Madam Chair, and thank the wit-)Tj -8.7439 -1 TD 0.052 Tw (nesses for the presentation.)Tj 1 -1 TD 0.214 Tw (Mr. Wykle, I think your administration is in serious danger of)Tj -1 -1 TD 0.102 Tw (losing this program, and I am not sure that is a bad thing. I think)Tj T* 0.18 Tw (the Inspector General makes a good point that the Federal High-)Tj T* 0.076 Tw (way Administration in handling probably $20 billion a year in road)Tj T* 0.084 Tw (construction funds is not the proper place to also do the inspection,)Tj T* 0.114 Tw (that this is such a critically important area that it deserves a unit)Tj T* 0.09 Tw (in and of itself that is separate from putting out funds to construct)Tj T* 0.108 Tw (roads that I really think the case has been made and the facts are)Tj T* 0.052 Tw (clear that it is not working.)Tj 1 -1 TD 0.084 Tw (If you look back to when we passed the Motor Carrier Safety Act)Tj -1 -1 TD 0.06 Tw (back in 1984 giving the Department of Transportation authority for)Tj T* 0.066 Tw (safety, and that was delegated to the Federal Highway Administra-)Tj T* 0.084 Tw (tion, it has not been a great record. I mean, this is through several)Tj T* 0.264 Tw (administrations. It is not just this administration, it is previous)Tj T* 0.052 Tw (and several back.)Tj 1 -1 TD 0.236 Tw (I note that the Highway Administration had promised to com-)Tj -1 -1 TD 0.19 Tw (plete inspections of all motor carriers by July 1990. You all were)Tj T* 0.168 Tw (quickly overwhelmed by the size of the job, and Congress back in)Tj T* 0.15 Tw (1989 gave 150 more inspectors, nearly doubling the size, but then)Tj T* 0.102 Tw (the agency postponed the deadline for inspecting all motor carriers)Tj T* 0.188 Tw (to September 1992, and then the agency scrapped that plan alto-)Tj T* 0.174 Tw (gether saying it simply did not have the resources to check every)Tj T* 0.052 Tw (motor carrier in the country.)Tj 1 -1 TD 0.254 Tw (It seems, however, that they were not using really the money)Tj -1 -1 TD 0.062 Tw (that we gave. I mean, if you look at some of the records, the agency)Tj T* 0.202 Tw (let the number of inspectors drop from 348 inspectors in 1991 to)Tj T* 0.128 Tw (260 last year, and going in the opposite direction, and during that)Tj T* 0.234 Tw (same period the number of major safety inspections done by the)Tj T* 0.122 Tw (agencies and State inspectors, as the IG has said, decreased by 30)Tj T* 0.052 Tw (percent from 9,272 to 6,473.)Tj 1 -1 TD 0.072 Tw (Then I am reading from the New Orleans Times-Picayune, which)Tj -1 -1 TD 0.146 Tw (did an excellent job of looking at this particular situation, pointed)Tj T* 0.256 Tw (out that in reviewing the Highway Administration)Tj /F14 1 Tf 24.8716 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.256 Tw (s enforcement)Tj -25.0756 -1 TD 0.25 Tw (record, they point out the Inspector General discovered that few)Tj T* 0.052 Tw (companies have been even paying fines for breaking the law.)Tj 1 -1 TD 0.216 Tw (In 1998, just last year, 11 percent of the 22,000 serious safety)Tj -1 -1 TD 0.124 Tw (violations resulted in fines, so almost 90 percent did not get fined,)Tj T* 0.152 Tw (and the agency)Tj /F14 1 Tf 7.2859 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.152 Tw (s Office of Motor Carriers was settling those cases)Tj -7.4899 -1 TD 0.15 Tw (with fines averaging $1,600 in 1998, which is down from an aver-)Tj T* 0.052 Tw (age fine of $3,700 in 1995.)Tj 1 -1 TD 0.18 Tw (I think the record is not a good one. That is unfortunate. I am)Tj -1 -1 TD 0.12 Tw (not here to point blame, but I suggest very strongly that it is sim-)Tj T* 0.186 Tw (ply not working where it is now, and this is such a high priority)Tj T* 0.052 Tw (that it should be given the attention of an independent agency.)Tj 1 -1 TD (What is wrong with that, Mr. Wykle?)Tj T* 0.24 Tw (Mr. W)Tj 8 0 0 7.6194 188.6495 130.9999 Tm 0 Tw (YKLE)Tj 10 0 0 10 211.6172 130.9999 Tm 0.24 Tw (. Well, certainly the statistics you have quoted and)Tj -6.4617 -1 TD 0.072 Tw (those the IG found from his investigation are not good. Part of that)Tj T* 0.152 Tw (is an issue of how resources had been applied and were being ap-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00026)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 94 0 obj <>/ExtGState<>>> endobj 95 0 obj <> endobj 96 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (23)Tj -15.344 -2 TD 0.114 Tw (plied. As the IG pointed out, the balance was skewed more toward)Tj 0 -1.02 TD 0.226 Tw (education and outreach, and the application of technology versus)Tj T* 0.052 Tw (compliance reviews.)Tj 1 -1.02 TD 0.142 Tw (Senator B)Tj 8 0 0 7.6194 204.7193 610.4 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.1988 610.4 Tm 0.142 Tw (. On that point, isn)Tj /F14 1 Tf 9.3479 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.142 Tw (t that fine if you have got a)Tj -18.2717 -1.02 TD 0.194 Tw (cooperative operator, but if you have a fly by-night operator, just)Tj T* 0.052 Tw (educating them is not going to make a difference?)Tj 1 -1.02 TD 0.286 Tw (Mr. W)Tj 8 0 0 7.6194 189.1095 579.8 Tm 0 Tw (YKLE)Tj 10 0 0 10 212.0772 579.8 Tm 0.286 Tw (. Certainly that is true, so the key is striking the)Tj -6.5077 -1.02 TD 0.052 Tw (right balance, and through these various)Tj /F14 1 Tf 19.0947 0 TD 0 Tw ()Tj /F18 1 Tf -18.0947 -1.02 TD 0.132 Tw (Senator B)Tj 8 0 0 7.6194 204.6193 559.4 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.0988 559.4 Tm 0.132 Tw (. I am not sure you can balance safety. It is not)Tj -8.7099 -1.02 TD 0.186 Tw (a balancing question. It is a question of ensuring that the people)Tj T* 0.19 Tw (who operate buses with innocent people on it are complying with)Tj T* 0.18 Tw (the law. This does not cry out for balance as much as it does for)Tj T* 0.162 Tw (enforcement. Why are we trying to balance safety? You cannot do)Tj T* 0 Tw (that.)Tj 1 -1.02 TD 0.122 Tw (Mr. W)Tj 8 0 0 7.6194 187.4695 498.2 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.4372 498.2 Tm 0.122 Tw (. Well, that is the point I am trying to make, sir. We)Tj -6.3437 -1.02 TD 0.066 Tw (have gone too far in terms of the outreach, and the technology side,)Tj T* 0.178 Tw (and we need to get back more on the compliance side, and so we)Tj T* 0.174 Tw (set out to increase the number of compliance reviews by 100 per-)Tj T* 0.052 Tw (cent over what we did last year.)Tj 1 -1.02 TD (Senator B)Tj 8 0 0 7.6194 203.8193 447.2 Tm 0 Tw (REAUX)Tj 10 0 0 10 233.2988 447.2 Tm 0.052 Tw (. But you are not even close.)Tj -7.6299 -1.02 TD 0.18 Tw (Mr. W)Tj 8 0 0 7.6194 188.0495 437 Tm 0 Tw (YKLE)Tj 10 0 0 10 211.0172 437 Tm 0.18 Tw (. Well, we will never be able to inspect 460,000 car-)Tj -6.4017 -1.02 TD 0.052 Tw (riers each year.)Tj 1 -1.02 TD 0.108 Tw (Senator B)Tj 8 0 0 7.6194 204.3793 416.6 Tm 0 Tw (REAUX)Tj 10 0 0 10 233.8588 416.6 Tm 0.108 Tw (. How many are you)Tj /F14 1 Tf 9.6739 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.108 Tw (how many did you inspect)Tj -19.3597 -1.02 TD 0.052 Tw (last year?)Tj 1 -1.02 TD (Mr. W)Tj 8 0 0 7.6194 186.7695 396.2 Tm 0 Tw (YKLE)Tj 10 0 0 10 209.7372 396.2 Tm 0.052 Tw (. We conducted 6,000 compliance reviews last year.)Tj -5.2737 -1.02 TD (Senator Breaux: Out of 400,000 operators?)Tj T* 0.176 Tw (Mr. W)Tj 8 0 0 7.6194 188.0096 375.8 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.9772 375.8 Tm 0.176 Tw (. Yes, sir. Even doubling that only gets to 12,000. A)Tj -6.3977 -1.02 TD 0.054 Tw (new Motor Carrier Administration is not going to be able to get)Tj /F14 1 Tf 29.8006 0 TD 0 Tw ()Tj /F18 1 Tf -28.8006 -1.02 TD 0.144 Tw (Senator B)Tj 8 0 0 7.6194 204.7393 355.4 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.2188 355.4 Tm 0.144 Tw (. Why can)Tj /F14 1 Tf 4.8619 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.144 Tw (t we have every bus that carries pas-)Tj -13.7878 -1.02 TD 0.236 Tw (sengers for hire have some type of inspection that certifies that,)Tj T* 0.144 Tw (like in the New Orleans case, the driver is subject to a drug test?)Tj T* 0.104 Tw (I mean, your inspectors apparently gave that bus company a satis-)Tj T* 0.312 Tw (factory rating. The Defense Department said they did not even)Tj T* 0.052 Tw (have a drug inspection program.)Tj 1 -1.02 TD 0.098 Tw (Mr. W)Tj 8 0 0 7.6194 187.2295 294.2 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.1972 294.2 Tm 0.098 Tw (. Every motor carrier, whether it is a bus company or)Tj -6.3197 -1.02 TD 0.112 Tw (a for-hire carrier for freight is required to have a drug and alcohol)Tj T* 0.1 Tw (testing program. One of the things we do when we go in on a com-)Tj T* 0.202 Tw (pliance review is to validate that they in fact have that program)Tj T* 0.052 Tw (and are applying that.)Tj 1 -1.02 TD 0.106 Tw (Senator B)Tj 8 0 0 7.6194 204.3593 243.2 Tm 0 Tw (REAUX)Tj 10 0 0 10 233.8388 243.2 Tm 0.106 Tw (. Well, on that point, I mean, the tragic accident)Tj -8.6839 -1.02 TD 0.146 Tw (we had in New Orleans just 4 months after you said it was satis-)Tj T* 0.418 Tw (factory, the Department of Defense inspection program turned)Tj T* 0.23 Tw (them down for not even having a drug inspection program. How)Tj T* 0.052 Tw (could they miss not even having a program?)Tj 1 -1.02 TD 0.214 Tw (Mr. W)Tj 8 0 0 7.6194 188.3895 192.2 Tm 0 Tw (YKLE)Tj 10 0 0 10 211.3572 192.2 Tm 0.214 Tw (. We rated them conditional, but certainly that was)Tj -6.4357 -1.02 TD 0.052 Tw (permission for them to continue to operate.)Tj 1 -1.02 TD (Senator B)Tj 8 0 0 7.6194 203.8193 171.8 Tm 0 Tw (REAUX)Tj 10 0 0 10 233.2988 171.8 Tm 0.052 Tw (. You did not rate them satisfactory?)Tj -7.6299 -1.02 TD (Mr. W)Tj 8 0 0 7.6194 186.7695 161.6 Tm 0 Tw (YKLE)Tj 10 0 0 10 209.7372 161.6 Tm (.)Tj -5.2737 -1.02 TD 0.144 Tw (It was my understanding it was conditional. We have three rat-)Tj -1 -1.01 TD 0.052 Tw (ings, satisfactory, conditional, and unsatisfactory.)Tj 1 -1.01 TD 0.14 Tw (Senator B)Tj 8 0 0 7.6194 204.6993 131.1999 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.1788 131.1999 Tm 0.14 Tw (. Every bit of information I have says you rated)Tj -8.7179 -1.01 TD 0.338 Tw (it satisfactory. Just 4 months later the Department of Defense)Tj T* 0.132 Tw (turned them down saying they did not even have a drug program.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00027)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 97 0 obj <>/ExtGState<>>> endobj 98 0 obj <> endobj 99 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (24)Tj -14.344 -2 TD 0.132 Tw (Mr. W)Tj 8 0 0 7.6194 187.5695 641 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.5372 641 Tm 0.132 Tw (. We will certainly go back and check that. My infor-)Tj -6.3537 -1.04 TD 0.098 Tw (mation was, it was a conditional rating, so we will clarify that, sir.)Tj 1 -1.04 TD 0.19 Tw (Senator B)Tj 8 0 0 7.6194 205.1993 620.2 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.6788 620.2 Tm 0.19 Tw (. Well, I think we have got a problem. I mean,)Tj -8.7679 -1.04 TD 0.202 Tw (we gave you more money to add 150 inspectors, and the number)Tj T* 0.078 Tw (of inspectors actually went down. I mean, I just think that the con-)Tj T* 0.242 Tw (cept of trying to balance safety with enforcement and education,)Tj T* 0.052 Tw (you cannot balance safety.)Tj 1 -1.04 TD 0.204 Tw (These are tragic incidents, and I think we ought to learn from)Tj -1 -1.04 TD 0.084 Tw (them. I am not here to just blame people, but I think the Inspector)Tj T* 0.226 Tw (General makes a good point that there has been an explosion of)Tj T* 0.224 Tw (these companies and trucks on the road, but you have got a big)Tj T* 0.112 Tw (task in building the highways of this country and keeping them in)Tj T* 0.106 Tw (shape, and that the safety inspection program is so important that)Tj T* 0.086 Tw (it at least deserves a separation from the Federal Highway Admin-)Tj T* 0.188 Tw (istration, and let you do what you do best and move on to some-)Tj T* 0.052 Tw (thing else.)Tj 1 -1.04 TD 0.206 Tw (Mr. W)Tj 8 0 0 7.6194 188.3095 474.6001 Tm 0 Tw (YKLE)Tj 10 0 0 10 211.2772 474.6001 Tm 0.206 Tw (. Can I just comment on that, sir? I know the time)Tj -6.4277 -1.04 TD 0.09 Tw (is up there, but there are several core competencies that are in the)Tj T* 0.348 Tw (Federal Highway Administration that I think relate directly to)Tj T* 0.206 Tw (truck safety, and they should not be split apart. Highway design)Tj T* 0.258 Tw (and construction, which really is the geometrics of the highway,)Tj T* 0.148 Tw (really pertains to the large trucks, will stay in Federal Highways.)Tj 1 -1.04 TD 0.078 Tw (Such things as traffic operation, truck size and weight, signs and)Tj -1 -1.04 TD 0.358 Tw (signaling, a lot of things like that, technology, the intelligence)Tj T* 0.242 Tw (transportation program for the Department is located in Federal)Tj T* 0.108 Tw (Highway. The crash avoidance systems, all of that technology is in)Tj T* 0.052 Tw (the Federal Highway Administration.)Tj 1 -1.04 TD 0.214 Tw (Senator B)Tj 8 0 0 7.6194 205.4393 360.2001 Tm 0 Tw (REAUX)Tj 10 0 0 10 234.9188 360.2001 Tm 0.214 Tw (. I would not have any problem, when you are)Tj -8.7919 -1.04 TD 0.13 Tw (talking about weights and design, that is certainly something that)Tj T* 0.114 Tw (should be under the expertise of the Federal Highway Administra-)Tj T* 0 Tw (tion.)Tj 1 -1.04 TD 0.362 Tw (I am talking about ensuring that people who are drunk, on)Tj -1 -1.04 TD 0.066 Tw (drugs, and have failed driving tests and inspections, or other condi-)Tj T* 0.07 Tw (tions, are done by a group that focuses in on that, not to take away)Tj T* 0.16 Tw (the design of bridges and roads and weight limits and all of that.)Tj T* 0.118 Tw (That is something that is uniquely important to the Federal High-)Tj T* 0.052 Tw (way Administration.)Tj 1 -1.04 TD 0.076 Tw (But just a common-sense inspection to focus in on getting it done)Tj -1 -1.04 TD 0.138 Tw (as their only mission)Tj /F14 1 Tf 10.0449 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.138 Tw (as their only mission)Tj /F14 1 Tf 10.0449 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.138 Tw (needs to be in a dif-)Tj -22.0897 -1.04 TD 0.052 Tw (ferent Department.)Tj 1 -1.04 TD (Thank you.)Tj T* (Senator H)Tj 8 0 0 7.6194 204.9293 214.6001 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 214.6001 Tm 0.052 Tw (. Thank you. Senator Cleland.)Tj -9.3265 -1.04 TD 0.104 Tw (Senator C)Tj 8 0 0 7.6194 204.3393 204.2001 Tm 0 Tw (LELAND)Tj 10 0 0 10 239.3068 204.2001 Tm 0.104 Tw (. Madam Chairman, I am struck by a line from)Tj -9.2307 -1.04 TD 0.052 Tw (Julius Caesar, when in doubt, reorganize.)Tj 1 -1.04 TD 0.124 Tw (I am in serious doubt as to the ability of our Government to en-)Tj -1 -1.04 TD 0.228 Tw (force compliance on the motor carrier industry here, resulting in)Tj T* 0.072 Tw (creating risks to the traveling public, both drivers who drive trucks)Tj T* 0.13 Tw (and those who are commingled with them, as on Interstate 285 in)Tj 0 -1.03 TD 0.074 Tw (Atlanta, where that terrible accident happened. I think that is part)Tj T* 0.078 Tw (of the challenge here. Trucks are intermingled with commuter traf-)Tj T* 0.12 Tw (fic, as is the case in Atlanta on 285, as is the case more and more)Tj T* 0.052 Tw (on our interstate highways.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00028)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 100 0 obj <>/ExtGState<>>> endobj 101 0 obj <> endobj 102 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (25)Tj -14.344 -2 TD 0.144 Tw (I would just like to try to get a gauge here and see)Tj /F14 1 Tf 24.8606 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.144 Tw (Mr. Mead,)Tj -26.8606 -1.02 TD 0.15 Tw (did you say that one out of four trucking companies that were in-)Tj T* 0.052 Tw (vestigated were noncompliant, or out of compliance?)Tj 1 -1.02 TD 0.128 Tw (Mr. M)Tj 8 0 0 7.6194 187.1595 610.4 Tm 0 Tw (EAD)Tj 10 0 0 10 204.9353 610.4 Tm 0.128 Tw (. Those are trucks, Senator, that are stopped for road-)Tj -5.7935 -1.02 TD 0.144 Tw (side inspections. When inspectors stop these trucks and pull them)Tj T* 0.1 Tw (off to the side, 25 percent are placed out of service for safety viola-)Tj T* 0.174 Tw (tions. In other words, that particular truck, or the person driving)Tj T* 0.102 Tw (it, has such a serious safety problem that the inspectors cannot let)Tj T* 0.052 Tw (that truck and the driver proceed.)Tj 1 -1.02 TD 0.066 Tw (That is an enormously high rate and it is approaching 50 percent)Tj -1 -1.02 TD 0.052 Tw (at crossings in the State of Texas.)Tj 1 -1.02 TD 0.182 Tw (Senator C)Tj 8 0 0 7.6194 205.1193 528.8 Tm 0 Tw (LELAND)Tj 10 0 0 10 240.0868 528.8 Tm 0.182 Tw (. Pardon me, I am new to this committee, but)Tj -9.3087 -1.02 TD 0.166 Tw (on the Surface Transportation Subcommittee that seems an unac-)Tj T* 0.082 Tw (ceptably high risk to the motoring public, both to the drivers of the)Tj T* 0.058 Tw (trucks and to the motoring public. The question is what to do about)Tj T* 0.136 Tw (it. I am not sure what to do about it, but I think we have a prob-)Tj T* 0 Tw (lem.)Tj 1 -1.02 TD 0.244 Tw (Second, did I hear you say, Mr. Mead, that 6,000 trucks total)Tj -1 -1.02 TD 0.052 Tw (were out of compliance? I just wrote that down.)Tj 1 -1.02 TD 0.082 Tw (Mr. M)Tj 8 0 0 7.6194 186.6996 447.2 Tm 0 Tw (EAD)Tj 10 0 0 10 204.4753 447.2 Tm 0.082 Tw (. I said, sir, that 6,000 motor carrier companies are op-)Tj -5.7475 -1.02 TD 0.312 Tw (erating in the United States today with a less-than-satisfactory)Tj T* 0.052 Tw (safety fitness rating.)Tj 1 -1.02 TD 0.07 Tw (Senator C)Tj 8 0 0 7.6194 203.9993 416.6 Tm 0 Tw (LELAND)Tj 10 0 0 10 238.9668 416.6 Tm 0.07 Tw (. The total number of motor trucking companies)Tj -9.1967 -1.02 TD 0.052 Tw (are what, 460,000?)Tj 1 -1.02 TD 0.108 Tw (Mr. M)Tj 8 0 0 7.6194 186.9595 396.2 Tm 0 Tw (EAD)Tj 10 0 0 10 204.7353 396.2 Tm 0.108 Tw (. In that neighborhood, sir, yes. Seventy percent of the)Tj -5.7735 -1.02 TD 0.052 Tw (population has not even been rated.)Tj 1 -1.02 TD 0.23 Tw (Senator C)Tj 8 0 0 7.6194 205.5993 375.8 Tm 0 Tw (LELAND)Tj 10 0 0 10 240.5667 375.8 Tm 0.23 Tw (. Seventy percent of the motor trucking firms)Tj -9.3567 -1.02 TD 0.092 Tw (that are out there have not been rated, or in effect tested or evalu-)Tj T* 0 Tw (ated?)Tj 1 -1.02 TD 0.052 Tw (Mr. M)Tj 8 0 0 7.6194 186.3995 345.2 Tm 0 Tw (EAD)Tj 10 0 0 10 204.1753 345.2 Tm 0.052 Tw (. That is correct.)Tj -4.7175 -1.02 TD 0.116 Tw (Senator C)Tj 8 0 0 7.6194 204.4593 335 Tm 0 Tw (LELAND)Tj 10 0 0 10 239.4268 335 Tm 0.116 Tw (. Mr. Wykle, part of your argument is, as I un-)Tj -9.2427 -1.02 TD 0.206 Tw (derstand it, that regardless of where the Office of Motor Compli-)Tj T* 0.14 Tw (ance is located, and even if you doubled the compliance from, say,)Tj T* 0.25 Tw (6,000 checks a year to 12,000, that does not even come close to)Tj T* 0.052 Tw (what we need. Is that part of your testimony?)Tj 1 -1.02 TD 0.128 Tw (Mr. W)Tj 8 0 0 7.6194 187.5295 284 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.4972 284 Tm 0.128 Tw (. Well, I was responding to Senator Breaux. I believe)Tj -6.3497 -1.02 TD 0.174 Tw (his comment was along the lines that we needed to inspect every)Tj T* 0.086 Tw (one of those companies and give them a rating, and I was just say-)Tj T* 0.1 Tw (ing, with the current manpower, and even by doubling the number)Tj T* 0.142 Tw (of compliance reviews per year, it will not come close to that. You)Tj T* 0.052 Tw (could get 12,000 out of the 460,000.)Tj 1 -1.02 TD 0.098 Tw (So it is more than just the Federal Government going to inspect.)Tj -1 -1.02 TD 0.088 Tw (The companies themselves have an obligation to put safe trucks on)Tj T* 0.094 Tw (the road. We are trying to find the 10 to 15 percent that are really)Tj T* 0.192 Tw (out of compliance. It is just like speed enforcement. Law enforce-)Tj T* 0.21 Tw (ment agencies go after the 10 to 15 percent that are outside the)Tj T* 0 Tw (norm.)Tj 1 -1.02 TD 0.414 Tw (Based on the IG)Tj /F14 1 Tf 8.6869 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.414 Tw (s report of a couple of years ago, he rec-)Tj -9.8909 -1.02 TD 0.076 Tw (ommended that we change our safety rating system to try to target)Tj 0 -1.01 TD 0.21 Tw (the highest risk carriers. We developed a Safe Stat system to do)Tj T* 0.284 Tw (that. We inspect the highest risk carriers, looking at their past)Tj T* 0.054 Tw (crash record, the vehicle-out-of-service rate, their driver out-of-serv-)Tj T* 0.052 Tw (ice rate, and their overall safety program.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00029)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 103 0 obj <>/ExtGState<>>> endobj 104 0 obj <> endobj 105 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (26)Tj -14.344 -2 TD 0.1 Tw (Looking at those factors helps us target our efforts against those)Tj -1 -1.02 TD 0.086 Tw (carriers that should be in the worst shape. Those are the ones that)Tj T* 0.052 Tw (we focus on primarily.)Tj 1 -1.02 TD 0.144 Tw (I would just like to point out, that of the 460,000 trucking com-)Tj -1 -1.02 TD 0.314 Tw (panies, the vast majority of those, about 70 percent, are really)Tj T* 0.132 Tw (small operators, one to five truck-size companies, so we have a lot)Tj T* 0.052 Tw (of small businesses out there operating.)Tj 1 -1.02 TD 0.184 Tw (Senator C)Tj 8 0 0 7.6194 205.1393 569.6 Tm 0 Tw (LELAND)Tj 10 0 0 10 240.1068 569.6 Tm 0.184 Tw (. I am on the Small Business Committee, so I)Tj -9.3107 -1.02 TD 0.096 Tw (am an advocate of small business. Do you find you have more non-)Tj T* 0.104 Tw (compliance, more trucks that are dangerous on the road to operate)Tj T* 0.052 Tw (with smaller companies rather than larger companies?)Tj 1 -1.02 TD 0.096 Tw (Mr. W)Tj 8 0 0 7.6194 187.2095 528.8 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.1772 528.8 Tm 0.096 Tw (. Generally that is true, because they do not have the)Tj -6.3177 -1.02 TD 0.262 Tw (capital to invest in driver training programs, to hire safety vice)Tj T* 0.226 Tw (presidents, or establish safety programs to do their own internal)Tj T* 0.052 Tw (training and so forth, so that is an issue.)Tj 1 -1.02 TD 0.136 Tw (Senator C)Tj 8 0 0 7.6194 204.6593 488 Tm 0 Tw (LELAND)Tj 10 0 0 10 239.6268 488 Tm 0.136 Tw (. My time is up, but I would like to squeeze in)Tj -9.2627 -1.02 TD 0.052 Tw (one more question here.)Tj 1 -1.02 TD 0.228 Tw (The terrible accident on I)Tj /F14 1 Tf 12.6158 0 TD 0 Tw ()Tj /F18 1 Tf 0.556 0 TD 0.228 Tw (285 in Atlanta seemed to be due to)Tj -14.1718 -1.02 TD 0.334 Tw (driver fatigue. Who sets the hours of service for motor drivers)Tj T* 0 Tw (today?)Tj 1 -1.02 TD 0.138 Tw (Mr. W)Tj 8 0 0 7.6194 187.6295 437 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.5972 437 Tm 0.138 Tw (. We do that. There is an hours-of-service regulation,)Tj -6.3597 -1.02 TD 0.052 Tw (and I commented in my opening statement that the rule is 60 years)Tj T* 0.212 Tw (old, and we are trying to update it. It is very complex, and it is)Tj T* 0.096 Tw (very controversial, but we have a draft revision that is already put)Tj T* 0.094 Tw (together. We are staffing that now, and we hope to have the notice)Tj T* 0.166 Tw (of proposed rulemaking out this fall on proposed changes. We are)Tj T* 0.052 Tw (responsible for that regulation.)Tj 1 -1.02 TD 0.134 Tw (Senator C)Tj 8 0 0 7.6194 204.6393 365.6 Tm 0 Tw (LELAND)Tj 10 0 0 10 239.6068 365.6 Tm 0.134 Tw (. As a final comment, Madam Chairman, given)Tj -9.2607 -1.02 TD 0.106 Tw (what I have heard today about the risk out there with non-compli-)Tj T* 0.214 Tw (ant companies and non-compliant trucks and a 60-year-old hours)Tj T* 0.128 Tw (of service regulation, many of our truck drivers may not live to be)Tj T* 0.052 Tw (60 years old.)Tj 1 -1.02 TD (Thank you very much.)Tj T* (Senator H)Tj 8 0 0 7.6194 204.9293 304.4 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 304.4 Tm 0.052 Tw (. Thank you, Senator Cleland.)Tj -9.3265 -1.02 TD (Senator Snowe.)Tj T* (Senator S)Tj 8 0 0 7.6194 202.8993 284 Tm 0 Tw (NOWE)Tj 10 0 0 10 229.2669 284 Tm 0.052 Tw (. Thank you, Madam Chairwoman.)Tj -7.2267 -1.02 TD 0.268 Tw (Obviously this is an issue that continues to be of tremendous)Tj -1 -1.02 TD 0.056 Tw (concern to all of us. Because I think we have not seen any dramatic)Tj T* 0.248 Tw (change that would suggest that we can see improvement on the)Tj T* 0.052 Tw (issue of enforcement.)Tj 1 -1.02 TD 0.106 Tw (Mr. Wykle, I included a provision when we eliminated the Inter-)Tj -1 -1.02 TD 0.13 Tw (state Commerce Commission back in 1995, that required a change)Tj T* 0.182 Tw (in the rules regulating truck drivers and the hours they could be)Tj T* 0.096 Tw (driving. The language required an advance notice of proposed rule-)Tj T* 0.106 Tw (making be issued no later than March 1, 1996. And then, with the)Tj T* 0.15 Tw (ICC Termination Act, it also required the original proposal be fol-)Tj T* 0.062 Tw (lowed by a notice of proposed rulemaking within 1 year, and a final)Tj T* 0.052 Tw (rule within 2 years.)Tj 1 -1.02 TD 0.168 Tw (It is now September 1999. Under the law, the final rule should)Tj -1 -1.01 TD 0.122 Tw (have been published this year. The Federal Highway, the Office of)Tj T* 0.194 Tw (Motor Carriers, have failed to publish this rule. It is required by)Tj T* 0.23 Tw (law. The hours of service regulations are 62 years old. They are)Tj T* 0.268 Tw (older than the interstate highway system. And yet we have not)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00030)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 106 0 obj <>/ExtGState<>>> endobj 107 0 obj <> endobj 108 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (27)Tj -15.344 -2 TD 0.096 Tw (seen any changes, any final rule, with respect to the hours of serv-)Tj 0 -1.02 TD 0.052 Tw (ice regulations.)Tj 1 -1.02 TD 0.216 Tw (Obviously, trucker fatigue is a serious issue, and has been the)Tj -1 -1.02 TD 0.218 Tw (focus and the reason for so many truck fatalities in this country)Tj T* 0.144 Tw (today. In my State of Maine over the last few years, we have had)Tj T* 0.202 Tw (some horrendous accidents that have resulted in fatalities due to)Tj T* 0.116 Tw (trucker fatigue. Yet your agency has yet to publish a final rule, as)Tj T* 0.052 Tw (required by law.)Tj 1 -1.02 TD 0.108 Tw (Can you tell this subcommittee why there has been no final rule)Tj -1 -1.02 TD 0 Tw (published?)Tj 1 -1.02 TD 0.07 Tw (Mr. W)Tj 8 0 0 7.6194 186.9495 539 Tm 0 Tw (YKLE)Tj 10 0 0 10 209.9172 539 Tm 0.07 Tw (. Yes, ma)Tj /F14 1 Tf 4.3639 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.07 Tw (am. That is the rule I was actually referring)Tj -10.8597 -1.02 TD 0.096 Tw (to with the Senator. An advance notice of proposed rulemaking did)Tj T* 0.252 Tw (go out in November 1996. As I mentioned, it is a complex, con-)Tj T* 0.098 Tw (troversial rule. We received 1,600 comments, and references to 120)Tj T* 0.1 Tw (different studies. So we have been trying to go through all that, as)Tj T* 0.198 Tw (we are required to do, and consider those comments and studies,)Tj T* 0.052 Tw (and respond to every one of those.)Tj 1 -1.02 TD 0.244 Tw (We have basically completed that work. We have put together)Tj -1 -1.02 TD 0.122 Tw (the draft notice of proposed rulemaking, and we hope to have that)Tj T* 0.114 Tw (out this fall. But we are behind. It is very controversial, very com-)Tj T* 0.202 Tw (plex. There is a lot of interest in it. We are working hard to get)Tj T* 0.15 Tw (that out. Because it is important to get the rule out, get the com-)Tj T* 0.052 Tw (ments, and get it finalized.)Tj 1 -1.02 TD 0.14 Tw (Senator S)Tj 8 0 0 7.6194 203.7793 406.4 Tm 0 Tw (NOWE)Tj 10 0 0 10 230.1469 406.4 Tm 0.14 Tw (. When do you think it would be finalized? Obvi-)Tj -8.3147 -1.02 TD 0.384 Tw (ously trucker fatigue is on the National Transportation Safety)Tj T* 0 Tw (Board)Tj /F14 1 Tf 2.796 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.162 Tw (s 10 most wanted list when it comes to what is responsible)Tj -3 -1.02 TD 0.052 Tw (for truck fatalities in this country.)Tj 1 -1.02 TD 0.162 Tw (Mr. W)Tj 8 0 0 7.6194 187.8695 365.6 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.8372 365.6 Tm 0.162 Tw (. Well, we have a very aggressive schedule. It is our)Tj -6.3837 -1.02 TD 0.18 Tw (intent to have it final within about 1 year. But that is extremely)Tj T* 0 Tw (aggressive.)Tj 1 -1.02 TD 0.116 Tw (Senator S)Tj 8 0 0 7.6194 203.5393 335 Tm 0 Tw (NOWE)Tj 10 0 0 10 229.9069 335 Tm 0.116 Tw (. Well, then we are talking probably almost more)Tj -8.2907 -1.02 TD 0.178 Tw (than half a decade by the time we could see something become a)Tj T* (reality on the issue that is of utmost concern to people who have)Tj T* (suffered as a result of trucker fatalities. I mean, there have been)Tj T* 0.052 Tw (what, how many accidents, 5,000?)Tj 1 -1.02 TD 0.288 Tw (According to Mr. Mead)Tj /F14 1 Tf 11.4178 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.288 Tw (s audit, 5,355 deaths from large truck)Tj -12.6218 -1.02 TD 0.198 Tw (crashes. That is the equivalent of a major airline crash with 200)Tj T* 0.12 Tw (fatalities every 2 weeks. Can you imagine the airline industry and)Tj T* 0.104 Tw (the reaction you would have here in the U.S. Congress or through-)Tj T* 0.052 Tw (out America if that was the case with the airline industry?)Tj 1 -1.02 TD 0.192 Tw (So there is something wrong. That is why Senator McCain has)Tj -1 -1.02 TD 0.064 Tw (introduced this legislation about the transfer. It is going to be more)Tj T* 0.132 Tw (than just an administrative change. It is going to be a substantial)Tj T* 0.15 Tw (change. Because obviously the agency has failed to respond to the)Tj T* 0.14 Tw (issues that are of genuine concern because of the significant num-)Tj T* 0.16 Tw (ber of truck fatalities that have occurred throughout this country,)Tj T* 0.052 Tw (and we do not see any changes.)Tj 1 -1.02 TD 0.31 Tw (I am sort of amazed to read Mr. Mead)Tj /F14 1 Tf 19.9437 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.31 Tw (s testimony here this)Tj -21.1477 -1.02 TD 0.064 Tw (morning. Almost 86 percent of the inspectors called for stronger en-)Tj 0 -1.01 TD 0.322 Tw (forcement actions. So we even have a failure of enforcement. I)Tj T* 0.102 Tw (mean people out in the field recognize that there has not been suf-)Tj T* 0.12 Tw (ficient enforcement with respect to even those regulations that are)Tj T* 0.052 Tw (currently on the books. So something dramatic has to change.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00031)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 109 0 obj <>/ExtGState<>>> endobj 110 0 obj <> endobj 111 0 obj <> endobj 112 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (28)Tj -14.344 -2 TD 0.084 Tw (I recognize it is contentious and controversial. But I do not think)Tj -1 -1.02 TD 0.094 Tw (that the agency has demonstrated a commensurate response to the)Tj T* 0.154 Tw (seriousness of the problem that is out there on our Nation)Tj /F14 1 Tf 28.2826 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.154 Tw (s high-)Tj -28.4866 -1.02 TD 0.052 Tw (ways today.)Tj 1 -1.02 TD 0.314 Tw (Mr. W)Tj 8 0 0 7.6194 189.3895 600.2 Tm 0 Tw (YKLE)Tj 10 0 0 10 212.3572 600.2 Tm 0.314 Tw (. Well, I am certainly not making excuses for the)Tj -6.5357 -1.02 TD 0.086 Tw (slowness in getting it out, other than pointing out the factual basis)Tj T* 0.154 Tw (in terms of the number of comments and various studies that im-)Tj T* 0.088 Tw (pact on that. In terms of the enforcement, as I mentioned, we have)Tj T* 0.166 Tw (set a goal of doubling the amount of enforcement we do per year.)Tj T* 0.052 Tw (We are well underway to doing that.)Tj 1 -1.02 TD 0.234 Tw (While I said we conducted 6,000 compliance reviews last year,)Tj -1 -1.02 TD 0.184 Tw (there were over 2 million roadside spot inspections done to check)Tj T* 0.154 Tw (the mechanical condition of the vehicles. So 2 million of those out)Tj T* 0.302 Tw (of 7 million trucks, theoretically every third to fourth year you)Tj T* 0.136 Tw (would get through all the trucks. Now, we know that is not factu-)Tj T* 0.178 Tw (ally correct because some are repeat. But we get a lot of vehicles)Tj T* 0.062 Tw (checked at roadside spot inspections. But the overall compliance re-)Tj T* 0.052 Tw (view is a major challenge because of the sheer magnitude.)Tj 1 -1.02 TD 0.298 Tw (Senator S)Tj 8 0 0 7.6194 205.3593 457.4 Tm 0 Tw (NOWE)Tj 10 0 0 10 231.7269 457.4 Tm 0.298 Tw (. Well, in U.S. News & World Report, in Sep-)Tj -8.4727 -1.02 TD 0.094 Tw (tember, there is an article called )Tj /F14 1 Tf 15.8438 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.094 Tw (Killer Trucks,)Tj /F14 1 Tf 6.5389 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.094 Tw [( that talked about)]TJ -23.1987 -1.02 TD (various accidents that occurred. In one instance, State police found)Tj T* 0.142 Tw (that only one of the truck)Tj /F14 1 Tf 12.4328 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.142 Tw (s 10 brakes worked. The glove compart-)Tj -12.6368 -1.02 TD 0.3 Tw (ment of the truck was stuffed with crumpled failure slips from)Tj T* 0.272 Tw (roadside inspections. Federal records showed the driver)Tj /F14 1 Tf 27.3536 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.272 Tw (s vehicle)Tj -27.5576 -1.02 TD 0.206 Tw (was ordered out of service at 55 percent of its inspections in the)Tj T* 0.052 Tw (past 2 years, but the truck always returned to the highway.)Tj 1 -1.02 TD 0.126 Tw (So what does it take to get a truck off the road today? And how)Tj -1 -1.02 TD 0.3 Tw (many trucks have never been subject to review with respect to)Tj T* 0 Tw (compliance?)Tj 1 -1.02 TD 0.174 Tw (Mr. W)Tj 8 0 0 7.6194 187.9895 345.2 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.9572 345.2 Tm 0.174 Tw (. I cannot give you a number in terms of how many)Tj -6.3957 -1.02 TD 0.242 Tw (have never been inspected. I indicated to you we do 2 million a)Tj T* 0.186 Tw (year. There are 7 million trucks on the road. Theoretically, every)Tj T* 0.112 Tw (3 and a half years we would go through every truck. But we know)Tj T* 0.052 Tw (some trucks are inspected multiple times.)Tj 1 -1.02 TD 0.15 Tw (In terms of when we find a vehicle out of service, we put it out)Tj -1 -1.02 TD 0.278 Tw (of service right there. The driver cannot continue to drive until)Tj T* 0.186 Tw (they come and repair that vehicle on the spot. But that is not to)Tj T* 0.06 Tw (say that a week or 10 days later something else may go wrong with)Tj T* 0.192 Tw (that vehicle, and we have to catch that at a subsequent roadside)Tj T* 0.052 Tw (inspection. So you can get multiple failures in a given vehicle.)Tj 1 -1.02 TD (Mr. M)Tj 8 0 0 7.6194 186.3995 233 Tm 0 Tw (EAD)Tj 10 0 0 10 204.1753 233 Tm 0.052 Tw (. Senator Snowe.)Tj -4.7175 -1.02 TD (Senator S)Tj 8 0 0 7.6194 202.8993 222.8 Tm 0 Tw (NOWE)Tj 10 0 0 10 229.2669 222.8 Tm 0.052 Tw (. Yes, Mr. Mead.)Tj -7.2267 -1.02 TD 0.104 Tw (Mr. M)Tj 8 0 0 7.6194 186.9195 212.6 Tm 0 Tw (EAD)Tj 10 0 0 10 204.6953 212.6 Tm 0.104 Tw (. I know the time has expired. I just had a perspective)Tj -5.7695 -1.02 TD 0.052 Tw (to offer.)Tj 1 -1.02 TD 0.194 Tw (Senator Cleland said that even doubling the number of compli-)Tj -1 -1.02 TD 0.17 Tw (ance reviews would jump the reviews up to about 12,000, and re-)Tj T* 0.082 Tw (member, there are 450,000 companies out there. It does not matter)Tj T* 0.07 Tw (much if there is a compliance review, and it proves the truck is un-)Tj T* 0.09 Tw (satisfactory from a safety point of view, if nothing happens. It does)Tj 0 -1.01 TD 0.1 Tw (not matter much if a trucker can operate on the roads with an un-)Tj T* 0.066 Tw (satisfactory fitness rating continues to operate, and there is no con-)Tj T* 0.154 Tw (sequence, or the fine imposed is a nominal cost of doing business.)Tj T* 0.052 Tw (The inspectors lose a lot of your leverage.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00032)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 113 0 obj <>/ExtGState<>>> endobj 114 0 obj <> endobj 115 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (29)Tj -14.344 -2 TD 0.092 Tw (As with the FAA, the FAA is never going to have enough inspec-)Tj -1 -1.02 TD 0.106 Tw (tors to inspect planes as often as they would like, everywhere they)Tj T* 0.172 Tw (would like. So you have to use the leverage of not only doing the)Tj T* 0.272 Tw (compliance reviews, but when something is found wrong, taking)Tj T* 0.248 Tw (some meaningful enforcement action. This program needs funda-)Tj T* 0.052 Tw (mental improvement in both of those areas.)Tj 1 -1.02 TD 0.16 Tw (Senator S)Tj 8 0 0 7.6194 203.9793 579.8 Tm 0 Tw (NOWE)Tj 10 0 0 10 230.3469 579.8 Tm 0.16 Tw (. Well, mentioning the FAA, that was one of the)Tj -8.3347 -1.02 TD 0.286 Tw (issues that came before this committee over the last few years,)Tj T* 0.316 Tw (about the dual mandate of the FAA with respect to the safety)Tj T* 0.12 Tw (issues and at the same time encouraging the growth in the airline)Tj T* 0.068 Tw (industry. We saw those dual mandates at FAA as incompatible and)Tj T* 0.052 Tw (conflicting. We changed that.)Tj 1 -1.02 TD 0.41 Tw (What do you think about this reorganization under Senator)Tj -1 -1.02 TD 0 Tw (McCain)Tj /F14 1 Tf 3.5919 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.144 Tw (s legislation? Is it possible to have a safety program with-)Tj -3.7959 -1.02 TD 0.178 Tw (out strong enforcement? My concern is that there is a lack of en-)Tj T* 0.172 Tw (forcement. I think that the agency already has said that, sending)Tj T* 0.094 Tw (out a policy memorandum that says we are not, first and foremost,)Tj T* 0.052 Tw (an enforcement agency, but rather a safety agency and enforcement)Tj T* 0.188 Tw (should be the underpinning of our safety agency. Yet this agency)Tj T* 0.052 Tw (has done fewer enforcements every year.)Tj 1 -1.02 TD 0.142 Tw (So what can we do to ensure that that mandate includes strong)Tj -1 -1.02 TD 0 Tw (enforcement?)Tj 1 -1.02 TD 0.134 Tw (Mr. M)Tj 8 0 0 7.6194 187.2195 416.6 Tm 0 Tw (EAD)Tj 10 0 0 10 204.9953 416.6 Tm 0.134 Tw (. You need a safety agency, and as you point out with)Tj -5.7995 -1.02 TD 0.084 Tw (the FAA, there was this conflict, or perceived conflict, between pro-)Tj T* 0.064 Tw (moting the industry and safety. The Congress clarified that, so now)Tj T* 0.052 Tw (there is no doubt.)Tj 1 -1.02 TD 0.224 Tw (This safety function is a very important function. Just like we)Tj -1 -1.02 TD 0.138 Tw (have a Railroad Administration and an Aviation Administration, I)Tj T* 0.194 Tw (think the time has come, given the size of the trucking industry,)Tj T* 0.228 Tw (to focus like a laser on the safety mission. I just do not see the)Tj T* 0.054 Tw (arithmetic adding up, where this mission, this safety mission in the)Tj T* 0.114 Tw (Federal Highway Administration, can be the predominant mission.)Tj T* 0.208 Tw (Arguably, nor should it be. We really want the Federal Highway)Tj T* 0.176 Tw (Administration to focus on good, sound infrastructure investment.)Tj 1 -1.02 TD 0.12 Tw (So it is not that anybody has ill intentions here or that anybody)Tj -1 -1.02 TD 0.076 Tw (should be blamed. But I think it is a fact that the two missions are)Tj T* 0.052 Tw (going to compete with each other. And that is not healthy.)Tj 1 -1.02 TD (Senator S)Tj 8 0 0 7.6194 202.8993 263.6 Tm 0 Tw (NOWE)Tj 10 0 0 10 229.2669 263.6 Tm 0.052 Tw (. Thank you, Madam Chair.)Tj -7.2267 -1.02 TD 0.14 Tw (Senator H)Tj 8 0 0 7.6194 205.8093 253.4 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 251.1446 253.4 Tm 0.14 Tw (. By way of analogy, I think that is why the)Tj -10.4145 -1.02 TD 0.25 Tw (National Transportation Safety Board was created as a separate)Tj T* 0.158 Tw (agency, so that it could be objective and not have to take into ac-)Tj T* 0.102 Tw (count a mission or promoting transportation. I think you are doing)Tj T* 0.052 Tw (a terrific job, Mr. Mead.)Tj 1 -1.02 TD 0.128 Tw (Mr. Wykle, I think you are trying, but you have a dual mission.)Tj -1 -1.02 TD 0.292 Tw (That makes it very difficult when you are not able to separate)Tj T* 0.26 Tw (those two. I understand that. But I am, coming from my safety)Tj T* 0.14 Tw (background, convinced that when you are dealing with safety, you)Tj T* 0.052 Tw (need to do it in a more focused atmosphere.)Tj 1 -1.02 TD 0.212 Tw (I do have a few more questions for Mr. Wykle, but I think, in)Tj -1 -1.01 TD 0.156 Tw (the interest of time, I am going to submit those for the record, so)Tj T* 0.052 Tw (that I can call on the second panel.)Tj 1 -1.01 TD (Senator B)Tj 8 0 0 7.6194 203.8193 121.0999 Tm 0 Tw (REAUX)Tj 10 0 0 10 233.2988 121.0999 Tm 0.052 Tw (. Madam Chair.)Tj -7.6299 -1.01 TD (Senator H)Tj 8 0 0 7.6194 204.9293 110.9998 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 110.9998 Tm 0.052 Tw (. Yes, Senator Breaux.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00033)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 116 0 obj <>/ExtGState<>>> endobj 117 0 obj <> endobj 118 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (30)Tj -14.344 -2 TD 0.052 Tw (Senator B)Tj 8 0 0 7.6194 203.8193 641 Tm 0 Tw (REAUX)Tj 10 0 0 10 233.2988 641 Tm 0.052 Tw (. Just a quick comment on what we have all been)Tj -8.6299 -1 TD 0.228 Tw (saying. Mr. Wykle, it is not to condemn in any way the Federal)Tj T* 0.076 Tw (Highway Administration. I think the chair has accurately stated it.)Tj T* 0.072 Tw (You probably ought to be anxious to get rid of this portion of safety)Tj T* 0 Tw (enforcement.)Tj 1 -1 TD ([Laughter.])Tj T* 0.276 Tw (Senator B)Tj 8 0 0 7.6194 206.0593 581 Tm 0 Tw (REAUX)Tj 10 0 0 10 235.5388 581 Tm 0.276 Tw (. You have got everything you have got to do)Tj -8.8539 -1 TD 0.324 Tw (with highways and the construction. You do a terrific job. The)Tj T* 0.066 Tw (standards are all very, very important. But what we are looking at,)Tj T* 0.058 Tw (it is almost like a police operation, in the sense of enforcing the law)Tj T* 0.206 Tw (and giving out sufficient penalties for violations. That is a whole)Tj T* 0.056 Tw (other thing. You ought to be saying, good gosh, take this away from)Tj T* 0.12 Tw (me and get somebody else to do it. I think it can be made to work)Tj T* 0.052 Tw (better if we did that.)Tj 1 -1 TD (Thank you.)Tj T* (Senator H)Tj 8 0 0 7.6194 204.9293 490.9999 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 490.9999 Tm 0.052 Tw (. That is a new approach.)Tj -9.3265 -1 TD 0.096 Tw (Mr. W)Tj 8 0 0 7.6194 187.2095 480.9999 Tm 0 Tw (YKLE)Tj 10 0 0 10 210.1772 480.9999 Tm 0.096 Tw (. I have been told that by others also, sir. Thank you.)Tj -5.3177 -1 TD 0.23 Tw (Senator Hutchison: Well, I thank you very much for coming. I)Tj -1 -1 TD 0.22 Tw (think this has been a very helpful panel. I think it has clarified)Tj T* 0.172 Tw (some of the issues. And I also especially appreciate the participa-)Tj T* 0.148 Tw (tion of the committee. I think we are coming to a consensus here.)Tj 1 -1 TD 0.052 Tw (Thank you very much.)Tj T* 0.208 Tw (Now I would like to call the second panel forward. The second)Tj -1 -1 TD 0.204 Tw (panel I will introduce shortly. But as they are coming forward, I)Tj T* 0.184 Tw (would like to submit for the record statements from the National)Tj T* 0.282 Tw (Transportation Safety Board, the American Bus Association, the)Tj T* 0.366 Tw (American Insurance Association, Citizens for Reliable and Safe)Tj T* 0.054 Tw (Highways, and the American Association of Motor Vehicle Adminis-)Tj T* 0.052 Tw (trators. This will add to our written record. I will insert those.)Tj 1 -1 TD 0.112 Tw (Senator H)Tj 8 0 0 7.6194 205.5293 350.9999 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.8646 350.9999 Tm 0.112 Tw (. Now, I thank all of you very much for com-)Tj -10.3865 -1 TD 0.174 Tw (ing. Because I think this will give us a fleshing out of the record)Tj T* 0.084 Tw (from the standpoint of the diverse views that are represented here.)Tj 1 -1 TD 0.188 Tw (I would like to welcome Mr. Steve Campbell, the Executive Di-)Tj -1 -1 TD 0.164 Tw (rector of the Commercial Vehicle Safety Alliance; Joan Claybrook,)Tj T* 0.082 Tw (the President of Public Citizen and Board Member of Advocates for)Tj T* 0.296 Tw (Highway and Auto Safety; Mr. Ken Bryant, of Teamsters Local)Tj T* 0.168 Tw (745, of whom I have had a great relationship in my hometown of)Tj T* 0.206 Tw (Dallas, Texas; Mr. Walter McCormick, the President and CEO of)Tj T* 0.24 Tw (American Trucking Associations; and Mr. Kevin Sharpe, the Illi-)Tj T* 0.154 Tw (nois Customers Commission, on behalf of the National Conference)Tj T* 0.052 Tw (of State Transportation Specialists.)Tj 1 -1 TD 0.07 Tw (I thank all of you for being here. I will just start with Mr. Camp-)Tj -1 -1 TD 0.134 Tw (bell, the Executive Director of the Commercial Vehicle Safety Alli-)Tj T* 0.052 Tw (ance, for a statement of up to 5 minutes.)Tj /F21 1 Tf 9 0 0 9 172.98 194.7999 Tm 0.0422 Tw (STATEMENT OF STEPHEN F. CAMPBELL, EXECUTIVE)Tj -0.5467 -1.0889 TD (DIRECTOR, COMMERCIAL VEHICLE SAFETY ALLIANCE)Tj /F18 1 Tf 10 0 0 10 157 171 Tm 0.096 Tw (Mr. C)Tj 8 0 0 7.6194 184.6196 171 Tm 0 Tw (AMPBELL)Tj 10 0 0 10 225.507 171 Tm 0.096 Tw (. Thank you, Senator, for the opportunity to speak)Tj -7.8507 -1 TD 0.052 Tw (to you today.)Tj 1 -1 TD 0.074 Tw (CVSA, the Commercial Vehicle Safety Alliance, works to improve)Tj -1 -1 TD 0.3 Tw (commercial vehicle safety on the highways by bringing Federal,)Tj T* 0.162 Tw (State and Provincial truck and bus enforcement agencies together)Tj T* 0.222 Tw (with representatives from industry in the United States, Canada)Tj T* 0.154 Tw (and Mexico. Every State in the United States, all Canadian Prov-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00034)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 119 0 obj <>/ExtGState<>>> endobj 120 0 obj <> endobj 121 0 obj <> endobj 122 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (31)Tj -15.344 -2 TD 0.198 Tw (inces, the country of Mexico, and all U.S. Territories and Posses-)Tj 0 -1 TD 0.052 Tw (sions are members of the Commercial Vehicle Safety Alliance.)Tj 1 -1 TD 0.098 Tw (We believe S. 1501 is a good bill and the best step that this sub-)Tj -1 -1 TD 0.192 Tw (committee and, hopefully, the full Senate can take on the matter)Tj T* 0.156 Tw (of commercial vehicle safety. A separate Motor Carrier Safety Ad-)Tj T* 0.084 Tw (ministration with a total and exclusive focus on commercial vehicle)Tj T* 0.052 Tw (oversight will help ensure that.)Tj 1 -1 TD 0.222 Tw (Let me reiterate a point I made before the full committee last)Tj -1 -1 TD 0.268 Tw (April. CVSA)Tj /F14 1 Tf 5.9899 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.268 Tw (s longstanding support of a separate administration)Tj -6.1939 -1 TD 0.152 Tw (should not be viewed as a criticism of the many hardworking and)Tj T* 0.26 Tw (dedicated individuals in the current Office of Motor Carrier and)Tj T* 0.452 Tw (Highway Safety. Current Program Director Julie Anna Cirillo)Tj T* 0.138 Tw (should be given high marks for the efforts she has made since as-)Tj T* 0.052 Tw (suming her position last February.)Tj 1 -1 TD 0.16 Tw (We just think that the OMCHS)Tj /F14 1 Tf 15.3008 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.16 Tw (s work would be much more ef-)Tj -16.5048 -1 TD 0.152 Tw (fective and produce better results when pursued under a separate)Tj T* 0.484 Tw (agency, out from under the Federal Highway Administration,)Tj T* 0.188 Tw (whose mission and goal, as we all know, is not primarily focused)Tj T* 0.144 Tw (on truck and bus safety. The bill)Tj /F14 1 Tf 15.8298 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.144 Tw (s funding increase of $50 million)Tj -16.0338 -1 TD 0.206 Tw (a year for the Motor Carrier Safety Assistance Program over the)Tj T* 0.052 Tw (levels established in TEA)Tj /F14 1 Tf 11.8988 0 TD 0 Tw ()Tj /F18 1 Tf 0.556 0 TD 0.052 Tw (21 is also a positive step.)Tj -11.4548 -1 TD 0.194 Tw (However, we have two additional recommendations that we be-)Tj -1 -1 TD 0.056 Tw (lieve will strengthen the bill. The first deals with a special program)Tj T* 0.116 Tw (for new entrants into the motor carrier business. The second deals)Tj T* 0.058 Tw (with the procedure that establishes a certification program for safe-)Tj T* 0.052 Tw (ty specialists who perform carrier compliance reviews.)Tj 1 -1 TD 0.1 Tw (The motor carrier industry is expanding. New motor carriers are)Tj -1 -1 TD 0.052 Tw (entering the business at an estimated rate of close to 40,000 a year.)Tj T* 0.152 Tw (The majority of these carriers are small, with six or fewer trucks.)Tj T* 0.074 Tw (Studies show that new carriers with fewer than 3 years)Tj /F14 1 Tf 26.3166 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.074 Tw [( experience)]TJ -26.5206 -1 TD 0.136 Tw (have higher crash rates and lower rates of safety compliance than)Tj T* 0.052 Tw (carriers that have been in business longer.)Tj 1 -1 TD 0.094 Tw (Thus, we feel there is a need for a new program, tailored specifi-)Tj -1 -1 TD 0.192 Tw (cally to the new entrant. The basis of such a program should in-)Tj T* (clude the filing of a safety management plan by the new entrant)Tj T* 0.204 Tw (with the Department of Transportation. Regardless of the size or)Tj T* 0.2 Tw (type of carrier, the plan should demonstrate an understanding of)Tj T* 0.284 Tw (Federal safety rules and regulations and, more importantly, the)Tj T* 0.052 Tw (methodology for compliance.)Tj 1 -1 TD 0.124 Tw (Our next recommendation is outlined in recent legislation which)Tj -1 -1 TD 0.34 Tw (was introduced by Senator Breaux, S. 1524, the Motor Carrier)Tj T* 0.234 Tw (Safety Specialist Certification Act. The Act specifies a process to)Tj T* 0.064 Tw (professionally certify all motor carrier safety specialists, whether in)Tj T* 0.202 Tw (the public or private sector, that performs compliance reviews on)Tj T* 0.434 Tw (truck and bus companies. We believe professional certification)Tj T* 0.078 Tw (would ensure the highest quality compliance reviews and, most im-)Tj T* 0.232 Tw (portantly, that accurate and timely safety data be filed with the)Tj T* 0 Tw (DOT)Tj /F14 1 Tf 2.223 0 TD ()Tj /F18 1 Tf 1 0 TD 0.156 Tw (a need the Inspector General has highlighted in his report.)Tj -2.223 -1 TD 0.18 Tw (Until now, compliance reviews have not always been performed)Tj -1 -1 TD 0.088 Tw (in a consistent and accurate manner, as evident in the recent trag-)Tj T* 0.212 Tw (ic Mother)Tj /F14 1 Tf 4.6369 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.212 Tw (s Day tour bus crash in Louisiana. The case history of)Tj -4.8409 -1 TD 0.25 Tw (that accident, as Senator Breaux mentioned earlier, reveals that)Tj T* 0.198 Tw (just 4 months after compliance review data was presented to the)Tj T* 0.088 Tw (FHWA, and a satisfactory safety rating issued to the bus company,)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00035)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 123 0 obj <>/ExtGState<>>> endobj 124 0 obj <> endobj 125 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (32)Tj -15.344 -2 TD 0.154 Tw (a private, third party company, under contract to the Department)Tj 0 -1.02 TD 0.236 Tw (of Defense, failed that same bus company for not having a drug)Tj T* 0.052 Tw (and alcohol testing program.)Tj 1 -1.02 TD 0.09 Tw (Unfortunately, this was not the only example of a flawed compli-)Tj -1 -1.02 TD 0.08 Tw (ance review. The contractor responsible for reviewing carrier safety)Tj T* 0.1 Tw (for the DOD found that 27 percent of the satisfactory rated FHWA)Tj 0 -1.01 TD 0.24 Tw (carriers were unable to enter the DOD program because of non-)Tj T* 0.18 Tw (compliance with FHWA safety regulations. These examples would)Tj T* 0.134 Tw (seem to indicate a weakness in the FHWA compliance review pro-)Tj T* 0.14 Tw (gram in terms of resources and structure, and to certify and train)Tj T* 0.052 Tw (those who do compliance reviews.)Tj 1 -1.01 TD 0 Tw (TEA)Tj /F14 1 Tf 2.111 0 TD ()Tj /F18 1 Tf 0.556 0 TD 0.132 Tw (21 authorized the Secretary of Transportation to study the)Tj -3.667 -1.01 TD 0.204 Tw (third party contractors, in conjunction with the motor carrier en-)Tj T* 0.138 Tw (forcement program. S. 1524 outlines a way to do that by directing)Tj T* 0.164 Tw (the Secretary of Transportation, in consultation with a newly cre-)Tj T* (ated Motor Carrier Safety Specialist Certification Board, to estab-)Tj T* 0.24 Tw (lish a program for the testing and certification of Federal, State)Tj T* (and local government, and nongovernmental motor carrier safety)Tj T* 0.108 Tw (specialists. I believe CVSA can be a key player in this certification)Tj T* 0.078 Tw (program because of its many years of experience in certifying State)Tj T* 0.052 Tw (roadside truck and bus inspectors.)Tj 1 -1.01 TD 0.276 Tw (Again, we support S. 1501 as the best way to improve safety)Tj -1 -1.01 TD 0.108 Tw (oversight in DOT and in the States, and offer these additional rec-)Tj T* 0.278 Tw (ommendations today to help us all achieve the goal of reducing)Tj T* 0.156 Tw (truck and bus crash fatalities. Senator, thank you again for invit-)Tj T* 0.122 Tw (ing me here today, and I welcome any questions that you have re-)Tj T* 0.052 Tw (garding my written or oral testimony.)Tj 1 -1.01 TD ([The prepared statement of Mr. Campbell follows:])Tj 8 0 0 8 148.2 351.7 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 153.5359 351.7 Tm (REPARED)Tj 8 0 0 8 188.5279 351.7 Tm (S)Tj 6.4 0 0 6.0958 193.5678 351.7 Tm [(TATEMENT)-412.5(OF)]TJ 8 0 0 8 246.0221 351.7 Tm (S)Tj 6.4 0 0 6.0958 251.0621 351.7 Tm (TEVEN)Tj 8 0 0 8 277.0493 351.7 Tm 0.0525 Tw (F. C)Tj 6.4 0 0 6.0958 293.029 351.7 Tm 0 Tw (AMPBELL)Tj 8 0 0 8 325.7394 351.7 Tm 0.0525 Tw (, E)Tj 6.4 0 0 6.0958 336.3832 351.7 Tm 0 Tw (XECUTIVE)Tj 8 0 0 8 374.1016 351.7 Tm (D)Tj 6.4 0 0 6.0958 380.3255 351.7 Tm (IRECTOR)Tj 8 0 0 8 410.6615 351.7 Tm 0.0525 Tw (, C)Tj 6.4 0 0 6.0958 421.3054 351.7 Tm 0 Tw (OMMERCIAL)Tj 8 0 0 8 255.78 343.6 Tm (V)Tj 6.4 0 0 6.0958 261.5559 343.6 Tm (EHICLE)Tj 8 0 0 8 290.2631 343.6 Tm (S)Tj 6.4 0 0 6.0958 295.303 343.6 Tm (AFETY)Tj 8 0 0 8 320.2278 343.6 Tm (A)Tj 6.4 0 0 6.0958 326.0037 343.6 Tm (LLIANCE)Tj -7.8943 -2.313 TD (I)Tj 8 0 0 8 278.0848 329.5 Tm (. )Tj 6.4 0 0 6.0958 282.9527 329.5 Tm (INTRODUCTION)Tj 8 0 0 8 155 316.4 Tm 0.0625 Tw (I am Stephen Campbell, Executive Director of the Commercial Vehicle Safety Alli-)Tj -1 -1.0125 TD 0.14 Tw (ance \(CVSA\). Thank you for the opportunity to appear before the Subcommittee at)Tj T* 0 Tw (today)Tj /F14 1 Tf 2.556 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s hearing.)Tj -1.76 -1.0125 TD 0.2275 Tw (CVSA \(established in 1981\) works to improve commercial vehicle safety on the)Tj -1 -1.0125 TD 0.065 Tw (highways by bringing federal, state, and provincial truck and bus enforcement agen-)Tj T* 0.1175 Tw (cies together with representatives from industry in the United States, Canada, and)Tj T* 0.1075 Tw (Mexico. Every state in the U.S., all Canadian provinces, the country of Mexico, and)Tj T* 0.0525 Tw (all U.S. Territories and Possessions have signed on as members of CVSA.)Tj 1 -1.0125 TD 0 Tw (CVSA)Tj /F14 1 Tf 2.796 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.2875 Tw (s mission is to achieve uniformity and reciprocity of commercial vehicle)Tj -4 -1.0125 TD 0.2725 Tw (roadside inspections and other enforcement activities throughout North America.)Tj T* 0.0975 Tw (CVSA achieves its mission by promoting effective motor carrier, driver, vehicle, and)Tj T* 0.185 Tw (cargo safety standards and enforcement practices. While the Motor Carrier Safety)Tj T* 0.0975 Tw (Assistance Program \(MCSAP\) through its grant program to the states serves as the)Tj T* 0.1125 Tw (underpinning of a national commercial vehicle safety program, CVSA is the organi-)Tj T* 0.0675 Tw (zation responsible for implementing this commercial vehicle safety program not only)Tj T* 0.15 Tw (in the U.S., but implementing essentially a comparable program throughout North)Tj T* 0.0525 Tw (America even in jurisdictions without a program such as MCSAP.)Tj 6.4 0 0 6.0958 289.4 172.7 Tm 0 Tw (II)Tj 8 0 0 8 294.6096 172.7 Tm (. )Tj 6.4 0 0 6.0958 299.4775 172.7 Tm (S)Tj 8 0 0 8 303.5095 172.7 Tm (. )Tj 6.4 0 0 6.0958 308.3774 172.7 Tm (1501)Tj 8 0 0 8 155 159.6 Tm 0.2 Tw (S. 1501, introduced by Senator McCain, is a good bill. We think that action on)Tj -1 -1.0125 TD 0.14 Tw (the bill is the best step that this Subcommittee, and hopefully the full Senate, can)Tj T* 0.075 Tw (take to try and get a handle on the issue of commercial vehicle safety that Congress)Tj T* 0.1225 Tw (has been working on over this past year. The proposal in this bill to create a sepa-)Tj T* 0.1575 Tw (rate Motor Carrier Safety Administration with a total and exclusive focus on com-)Tj T* 0.19 Tw (mercial vehicle safety oversight will enhance safety on the highways and help re-)Tj T* 0.0525 Tw (duce commercial vehicle fatalities which is the only bottom line that counts.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00036)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 126 0 obj <>/ExtGState<>>> endobj 127 0 obj <> endobj 128 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (33)Tj 8 0 0 8 155 643 Tm 0.155 Tw (Let me reiterate a point I made before the full Commerce Committee last April.)Tj -1 -1.0125 TD 0 Tw (CVSA)Tj /F14 1 Tf 2.796 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw (s long standing support of a separate administration should not be viewed as)Tj -3 -1.0125 TD 0.0575 Tw (a criticism of the many hard working and dedicated individuals in the current Office)Tj T* 0.085 Tw (of Motor Carrier and Highway Safety with whom we work on an almost daily basis,)Tj T* 0.3125 Tw (both in Washington and in the field. Its current Program Director, Julie Anna)Tj T* 0.12 Tw (Cirillo, should be given high marks for the effort she has made since assuming her)Tj T* 0.1675 Tw (job this past February. We just think that their work will be much more effective)Tj T* 0.1375 Tw (and produce better results when pursued under a separate agency, out from under)Tj T* 0.095 Tw (the Federal Highway Administration, whose mission and goal as we all know is not)Tj T* 0.0525 Tw (primarily focused on truck and bus safety.)Tj 1 -1.0125 TD 0.2475 Tw (The bill)Tj /F14 1 Tf 3.8044 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2475 Tw (s proposed increase in funding of an additional $50 million a year for)Tj -5.0084 -1.0125 TD 0.1275 Tw (motor carrier safety and data improvement programs over the levels established in)Tj T* 0 Tw (TEA)Tj /F14 1 Tf 2.111 0 TD ()Tj /F18 1 Tf 0.556 0 TD 0.1125 Tw (21 is a positive step and should allow the new Motor Carrier Safety Adminis-)Tj -2.667 -1.0125 TD 0.24 Tw (tration in partnership with states under the MCSAP program to implement pro-)Tj T* 0.0525 Tw (grams to bring down fatalities.)Tj 6.4 0 0 6.0958 241.04 515.5 Tm 0 Tw (III)Tj 8 0 0 8 248.8544 515.5 Tm (. )Tj 6.4 0 0 6.0958 253.7223 515.5 Tm [(ADDITIONAL)-412.5(RECOMMENDATIONS)]TJ 8 0 0 8 155 502.4 Tm 0.1375 Tw (We do, however, have additional recommendations that we think will strengthen)Tj -1 -1.0125 TD 0.0725 Tw (the bill even more and we would hope that you will give them serious consideration.)Tj 1 -1.0125 TD 0.225 Tw (The first deals with a special program for new entrants into the motor carrier)Tj -1 -1.0125 TD 0 Tw (business.)Tj 1 -1.0125 TD 0.08 Tw (The second deals with a program that establishes a certification program for safe-)Tj -1 -1.0125 TD 0.0525 Tw (ty specialists who perform carrier compliance reviews.)Tj 6.4 0 0 6.0958 255.78 447.8 Tm 0 Tw (IV)Tj 8 0 0 8 263.0056 447.8 Tm (. )Tj 6.4 0 0 6.0958 267.8735 447.8 Tm [(NEW)-412.5(ENTRANT)-412.5(PROGRAM)]TJ 8 0 0 8 155 434.7 Tm 0.115 Tw (The motor carrier industry is expanding and new motor carriers are entering the)Tj -1 -1.0125 TD 0.205 Tw (business at a rapid pace. Since deregulation of the industry in 1980, the number)Tj T* 0.2075 Tw (of carriers has more than doubled. In recent years, the numbers of new entrants)Tj T* 0.075 Tw (annually has reached 40,000. There are nearly 500,000 carriers operating today. Ac-)Tj T* 0.315 Tw (cording to the American Trucking Associations, approximately 78 percent of all)Tj T* 0.1425 Tw (motor carriers have 20 or fewer trucks and 69 percent have 6 or fewer trucks. Be-)Tj T* 0.075 Tw (cause of this, increased roadside enforcement is necessary and S. 1501 will certainly)Tj T* 0.2925 Tw (help us achieve that. But we believe an increased roadside effort may not nec-)Tj T* 0.1625 Tw (essarily be enough to help us deal with the safety problems resulting from such a)Tj T* (rapidly growing industry. We will also need a new program tailored specifically to)Tj T* 0.0525 Tw (the new entrant.)Tj 1 -1.0125 TD 0.195 Tw (Today, one can enter the business by obtaining a DOT number, checking a box)Tj -1 -1.0125 TD 0.185 Tw (on a form \(self-certification\) that one has knowledge of the Federal Motor Carrier)Tj T* 0.3575 Tw (Regulations, certifying proof of the requisite insurance, and listing the process)Tj T* 0 Tw (agents.)Tj 1 -1.0125 TD 0.07 Tw (Studies show that new carriers with fewer than three years experience have high-)Tj -1 -1.0125 TD 0.1175 Tw (er crash rates and lower rates of safety compliance than carriers that have been in)Tj T* 0.2125 Tw (business longer. A process to deal with the problem of the new entrant is a way)Tj T* 0.145 Tw (to get a handle on a significant part of the problem. The basis for such a program)Tj T* 0.1175 Tw (should include the filing of a safety management plan by the new entrant with the)Tj T* 0.0925 Tw (DOT. Let me make clear here that this new entrant may be an owner operator, but)Tj T* 0.0825 Tw (it is just as, or even more likely, to be a small carrier with 6 to 20 vehicles. Regard-)Tj T* 0.2075 Tw (less of the size or type of carrier, the plan should demonstrate an understanding)Tj T* 0.16 Tw (of federal safety rules and regulations and, more importantly, the methodology for)Tj T* 0.1375 Tw (compliance. This plan should describe methods for such key functions as driver se-)Tj T* 0.125 Tw (lection, training, and controls; daily operation such as CDL requirements, hours-of-)Tj T* 0.1075 Tw (service and dispatch procedures; other federal record keeping requirements; compli-)Tj T* 0.1925 Tw (ance with drug and alcohol testing rules; vehicle maintenance procedures such as)Tj T* 0.065 Tw (how to make sure that manufacturers equipment recommendations are followed and)Tj T* 0.175 Tw (how roadside inspection violations will be addressed; policies for reporting and re-)Tj T* 0.16 Tw (cording of accidents; and, of course, evidence of financial responsibility. If the new)Tj T* 0.175 Tw (carrier plans to haul hazardous materials, there are additional regulations and fi-)Tj T* 0.0525 Tw (nancial responsibility requirements which must be met.)Tj 1 -1.0125 TD 0.2 Tw (It is important to point out that a safety management plan requires an invest-)Tj -1 -1.0125 TD 0.06 Tw (ment of resources and money by the new carrier. Thus, the plan should demonstrate)Tj T* 0.16 Tw (that the new carrier management is aware of, and has planned for, such items as)Tj T* 0.075 Tw (the cost of vehicle maintenance. For example, are they aware of what it costs to buy)Tj T* 0.095 Tw (new tires? If the new carrier happens to be a one person operation, the safety man-)Tj 0 -1 TD 0.11 Tw (agement plan should show a balance between the need to haul freight, to take care)Tj T* 0.23 Tw (of various other management tasks, and to take the requisite days off to rest in)Tj T* 0.0525 Tw (order to comply with federal hours-of-service regulations.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00037)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 129 0 obj <>/ExtGState<>>> endobj 130 0 obj <> endobj 131 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (34)Tj 8 0 0 8 155 643 Tm 0.175 Tw (It is important that the filing record of these safety management plans be com-)Tj -1 -1.0125 TD 0.17 Tw (puter documented by the new Motor Carrier Safety Administration so that a data)Tj T* 0.1 Tw (base can be developed for future follow up on these carriers. A point so consistently)Tj T* 0.2225 Tw (made during earlier hearings on motor carrier safety this year was the fact that)Tj T* 0.105 Tw (close to two thirds of the carriers operating today are not found in any of the infor-)Tj T* 0.1575 Tw (mation systems such as SAFESTATE, SAFER, and PRISM. This new entrant pro-)Tj T* 0.0525 Tw (gram would help solve this problem.)Tj 1 -1.0125 TD 0.145 Tw (We are aware that Senator Lautenberg in his bill S.1559, would require that all)Tj -1 -1.0125 TD 0.0625 Tw (new entrants be required to complete a short term training program \(one or two day)Tj T* 0.2325 Tw (seminar\). While this is certainly a good idea, mere attendance at an educational)Tj T* 0.1775 Tw (seminar is not enough. It is not, in and of itself, evidence of a long term commit-)Tj 0 -1 TD 0.0725 Tw (ment to necessary safety goals that a thorough and well thought-out safety manage-)Tj T* 0.0525 Tw (ment plan would be.)Tj 1 -1 TD 0.285 Tw (Furthermore, a safety management plan provides a base from which the new)Tj -1 -1 TD 0.3025 Tw (small business owner \(that is really what a new small carrier is\) can measure)Tj T* 0.185 Tw (progress so that it can succeed. It is also the basis for a safety investigator to do)Tj T* 0.1825 Tw (the follow-up compliance review, an important component of the new entrant pro-)Tj T* 0.09 Tw (gram. If a new carrier entrant is treated as a small business and accorded that sta-)Tj T* 0.2025 Tw (tus along with thousands of other small business owners throughout the country,)Tj T* 0.1675 Tw (then to hold them to the requirement of a long term strategic safety management)Tj T* 0.125 Tw (plan should bring positive results. Frankly, according them this status through the)Tj T* 0.185 Tw (requirement of a safety management plan, more than anything else, may impress)Tj T* 0.1325 Tw (upon them the seriousness of the responsibility that goes with their new endeavor.)Tj T* 0.0525 Tw (More so than the just the requirement of attending a one or two day training course,)Tj T* (meritorious though that may be.)Tj 1 -1 TD 0.1075 Tw (A follow-up with a more traditional compliance review of the type now performed)Tj -1 -1 TD 0.0675 Tw (on existing carriers, should be conducted on new entrants in a pre-set period of time)Tj T* 0.1225 Tw (that could range from six months to one or two years and then as often as needed.)Tj 1 -1 TD 0.395 Tw (The initial safety assessment \(plan submittal, review, and approval process\))Tj -1 -1 TD 0.1825 Tw (would require considerable resources on the part of federal and state enforcement)Tj T* 0.2025 Tw (agencies. Specific personnel must be assigned the task of conducting new entrant)Tj T* 0.13 Tw (safety assessments as well as providing the necessary safety education for the new)Tj T* 0.115 Tw (entrant. It is unlikely that even with the generous increase in funding provided for)Tj T* 0.1025 Tw (in S. 1501 and similar legislation passed by the House, that Federal and State gov-)Tj T* 0.0525 Tw (ernments would be able to carry out the program on their own.)Tj 6.4 0 0 6.0958 238.5 356.0001 Tm 0 Tw (V)Tj 8 0 0 8 243.1208 356.0001 Tm (. )Tj 6.4 0 0 6.0958 247.9887 356.0001 Tm [(SAFETY)-412.5(SPECIALIST)-412.5(CERTIFICATION)]TJ 8 0 0 8 155 343.0001 Tm 0.125 Tw (This leads to our next recommendation which is outlined in recent legislation in-)Tj -1 -1 TD 0.215 Tw (troduced by Senator Breaux, S. 1524, the Motor Carrier Safety Specialist Certifi-)Tj T* 0.2425 Tw (cation Act. The Act specifies a process to professionally certify all Motor Carrier)Tj T* 0.095 Tw (Safety Specialists be they in the public sector \(federal, state, local\) or in the private)Tj T* 0.125 Tw (sector \(third parties\) who perform compliance reviews on truck and bus companies.)Tj T* 0.115 Tw (Such professional certification would ensure the highest quality compliance reviews)Tj T* 0.1325 Tw (on high risk carriers now operating and the highest quality safety assessments de-)Tj T* 0.08 Tw (scribed above relative to new entrants. It also would ensure that accurate and time-)Tj T* 0.145 Tw (ly safety data be filed with the DOT for which there is a pressing need as pointed)Tj T* 0.125 Tw (out in the recent Inspector General)Tj /F14 1 Tf 16.8648 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.125 Tw (s report on DOT motor carrier safety oversight.)Tj -17.0688 -1 TD 0.115 Tw (Until now, compliance reviews have not always been performed in a consistent and)Tj T* 0.0575 Tw (accurate manner as evident in the recent tragic Mother)Tj /F14 1 Tf 26.0706 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0575 Tw (s Day tour bus crash in Lou-)Tj -26.2746 -1 TD 0 Tw (isiana.)Tj 1 -1 TD 0.0925 Tw (The case history of that accident reveals that back in July 1996, just four months)Tj -1 -1 TD 0.13 Tw (after the Federal Highway Administration \(FHWA\) did a compliance review on the)Tj T* 0.205 Tw (bus company and assigned it a satisfactory rating, a private third-party company)Tj T* 0.17 Tw (under contract to the Department of Defense \(DOD\) failed that same company for)Tj T* 0.07 Tw (not having a drug and alcohol testing program. Unfortunately, this was not the only)Tj T* 0.1475 Tw (example of a flawed compliance review. A total of 27% of motor carriers that were)Tj T* 0.195 Tw (assigned a satisfactory rating by FHWA failed to enter the DOD program after a)Tj T* 0.2225 Tw (compliance review was done by the DoD contractor. These examples demonstrate)Tj T* 0.0975 Tw (that FHWA has a weakness in its compliance review program in terms of resources)Tj T* 0.125 Tw (and structure to certify and train those who do compliance reviews. This results in)Tj T* 0.295 Tw (compliance reviews that are not always performed in a consistent and accurate)Tj T* 0 Tw (manner.)Tj 1 -1 TD (TEA)Tj /F14 1 Tf 2.111 0 TD ()Tj /F18 1 Tf 0.556 0 TD 0.2125 Tw (21 authorized the Secretary of Transportation to approve the use of third)Tj -3.667 -1 TD 0.155 Tw (party contractors in conjunction with the motor carrier enforcement program. Sen-)Tj T* 0.29 Tw (ator Breaux)Tj /F14 1 Tf 5.8269 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.29 Tw (s legislation takes the next step and provides the Secretary with a)Tj -6.0309 -1 TD 0.0825 Tw (means to carry out such a program. It would direct the Secretary of Transportation,)Tj T* 0.2075 Tw (in consultation with a newly created Motor Carrier Safety Specialist Certification)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00038)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 132 0 obj <>/ExtGState<>>> endobj 133 0 obj <> endobj 134 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (35)Tj 8 0 0 8 147 643 Tm 0.06 Tw (Board, to establish a program for the training and certification of Federal, State and)Tj 0 -1.0125 TD 0.0525 Tw (local government, and nongovernmental motor carrier safety specialists.)Tj 1 -1.0125 TD 0.1075 Tw (This program enhances the role of the DOT to do its job of carrier rating and en-)Tj -1 -1.0125 TD 0.1725 Tw (forcement which is currently hampered by the lack of accurate information as the)Tj T* 0.115 Tw (Inspector General pointed out in his recent report. It does not create a business to-)Tj T* 0.165 Tw (tally separate from the DOT but creates a new force of qualified safety specialists)Tj T* 0.2025 Tw (who are partners with, and agents of, the government engaged in an effort to do)Tj T* 0.235 Tw (compliance reviews on existing high risk carriers and new entrant safety assess-)Tj T* 0.055 Tw (ments on many more carriers than present capacity allows. It will improve the skills)Tj T* 0.17 Tw (and knowledge of those in both federal and state government who now do compli-)Tj T* 0.11 Tw (ance reviews. Why can)Tj /F14 1 Tf 10.8298 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.11 Tw (t we improve upon existing standards for the compliance re-)Tj -11.0338 -1 TD 0.0525 Tw (views and those who do them? I believe we can through a certification program.)Tj 1 -1 TD 0.2375 Tw (The use of properly certified third party safety specialists is the only practical)Tj -1 -1 TD 0.0975 Tw (means of providing enough human resources to implement a safety assessment pro-)Tj T* 0.07 Tw (gram for new entrants and to significantly increase compliance review efforts for ex-)Tj T* 0.0525 Tw (isting high risk carriers.)Tj 1 -1 TD 0.1925 Tw (In conclusion, CVSA supports a certification program to improve the system al-)Tj -1 -1 TD 0.1075 Tw (ready in place and to add considerable resources to it. CVSA would welcome an op-)Tj T* 0.075 Tw (portunity to be a key player in this effort and to help develop a program as outlined)Tj T* 0.2075 Tw (by Senator Breaux to ensure that everyone who does compliance reviews has the)Tj T* 0.11 Tw (same level of training. This would provide the Motor Carrier Safety Administration)Tj T* 0.15 Tw (with a consistent quality of data for rating purposes. I believe CVSA can be a key)Tj T* 0.145 Tw (player because of its track record in certification as demonstrated by its successful)Tj T* 0.205 Tw (program of certifying state roadside truck and bus inspectors since 1981. I might)Tj T* 0.1925 Tw (point out that the DOT has endorsed and participated in CVSA)Tj /F14 1 Tf 31.1506 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1925 Tw (s roadside certifi-)Tj -31.3546 -1 TD 0.0525 Tw (cation program from the start.)Tj 1 -1 TD 0.1925 Tw (Again, we support S. 1501 as the best way to improve safety oversight in DOT)Tj -1 -1 TD 0.085 Tw (and in the states, and offer these additional recommendations to help us all achieve)Tj T* 0.0525 Tw (the goal of reducing truck and bus crash fatalities.)Tj 1 -1 TD (Thank you again for inviting me here today.)Tj 10 0 0 10 157 396.0001 Tm 0.052 Tw (Senator H)Tj 8 0 0 7.6194 204.9293 396.0001 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 396.0001 Tm 0.052 Tw (. Thank you, Mr. Campbell.)Tj -9.3265 -1 TD 0.274 Tw (Ms. Claybrook, in addition to your role in Public Citizen, you)Tj -1 -1 TD 0.088 Tw (were also a former Director of the National Highway Traffic Safety)Tj T* 0.052 Tw (Administration I met you when I was Vice Chairman of NTSB. And)Tj T* 0.212 Tw (we have had a long and good relationship, working on safety for)Tj T* 0.052 Tw (our highways. So I appreciate your being here.)Tj /F21 1 Tf 9 0 0 9 171.5 325.8001 Tm 0.0422 Tw (STATEMENT OF JOAN CLAYBROOK, BOARD MEMBER,)Tj 1.8044 -1.2 TD (ADVOCATES FOR HIGHWAY AND AUTO SAFETY)Tj /F18 1 Tf 10 0 0 10 157 301.0001 Tm 0.144 Tw (Ms. C)Tj 8 0 0 7.6194 185.2896 301.0001 Tm 0 Tw (LAYBROOK)Tj 10 0 0 10 232.2569 301.0001 Tm 0.144 Tw (. Thank you very much, Madam Chairman. It is)Tj -8.5257 -1 TD 0.218 Tw (a pleasure for me to be here. And we very much appreciate this)Tj T* 0.226 Tw (committee taking up this issue. It is a serious one and one that)Tj T* 0.052 Tw (needs attention, as this committee has made very clear.)Tj 1 -1 TD 0.192 Tw (The number of deaths and injuries that are occurring)Tj /F14 1 Tf 26.1656 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD (Senator)Tj -28.1656 -1 TD 0.142 Tw (Snowe said, if this were happening in airlines, 200 people every 2)Tj T* 0.182 Tw (weeks in airline crashes, dying, the Nation would be going crazy,)Tj T* 0.172 Tw (the press would be outraged, and so would the Congress. And we)Tj T* 0.146 Tw (believe that, if you look at the truck statistics, trucks are really 3)Tj T* 0.214 Tw (percent of registered vehicles, are involved annually in 9 percent)Tj T* 0.064 Tw (of the fatal crashes and are responsible for 12 percent of all deaths.)Tj T* 0.294 Tw (So they are very over-involved and we are extremely concerned)Tj T* 0.052 Tw (about it.)Tj 1 -1 TD 0.146 Tw (The failures of the Federal Highway Administration in its regu-)Tj -1 -1 TD 0.37 Tw (latory and enforcement activities have been documented exten-)Tj T* 0.364 Tw (sively by the Inspector General, by the GAO, by the National)Tj T* 0.122 Tw (Transportation Safety Board, and in congressional hearings. And I)Tj T* 0.128 Tw (do not need to repeat them. I would like my entire testimony sub-)Tj T* 0.052 Tw (mitted for the record, which outlines some of them.)Tj 1 -1 TD (Senator H)Tj 8 0 0 7.6194 204.9293 111.0001 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 111.0001 Tm 0.052 Tw (. It will be.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00039)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 135 0 obj <>/ExtGState<>>> endobj 136 0 obj <> endobj 137 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (36)Tj -14.344 -2 TD 0.222 Tw (Ms. C)Tj 8 0 0 7.6194 186.0696 641 Tm 0 Tw (LAYBROOK)Tj 10 0 0 10 233.0369 641 Tm 0.222 Tw (. A new thing that we are mentioning today is)Tj -8.6037 -1.02 TD 0.196 Tw (the public opinion on this subject. A public opinion poll that was)Tj T* 0.298 Tw (just recently conducted by Public Opinion Research and for the)Tj T* 0.46 Tw (Consumer Federation of America has found that when asked)Tj T* 0.22 Tw (whether the public would pay more)Tj /F14 1 Tf 17.4158 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.22 Tw (which is interesting)Tj /F14 1 Tf 9.6069 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD (would)Tj -29.0226 -1.02 TD 0.194 Tw (they pay more for a good shipped by truck in exchange for truck)Tj T* 0.084 Tw (safety improvements, 78 percent said yes, they would. That is real-)Tj T* 0.052 Tw (ly quite remarkable, in our view.)Tj 1 -1.02 TD 0.172 Tw (Also motorists know that fatigued drivers behind the wheel are)Tj -1 -1.02 TD 0.322 Tw (a hazard. Ninety-three percent of the public said that allowing)Tj T* 0.072 Tw (truck drivers to drive longer hours is less safe. And 80 percent said)Tj T* 0.052 Tw (that longer hours are much less safe.)Tj 1 -1.02 TD 0.326 Tw (I would point out, in the rulemaking proceeding that is now)Tj -1 -1.02 TD 0.056 Tw (pending on hours of service, that Senator Snowe queried Mr. Wykle)Tj T* 0.22 Tw (about, it is our understanding that the proposal that is about to)Tj T* 0.242 Tw (come out would allow longer hours of driving. Right now it is a)Tj T* 0.258 Tw (maximum of 10 hours of continuous driving, 2 hours more than)Tj T* 0.09 Tw (most people work without overtime. But FHWA is going to propose)Tj T* 0.082 Tw (12 hours of continuous driving time. They would increase the num-)Tj T* 0.188 Tw (ber of rest hours, which is essential and critical. And we support)Tj T* 0.162 Tw (that. But we are very concerned about longer hours of continuous)Tj T* 0 Tw (driving.)Tj 1 -1.02 TD 0.094 Tw (In addition, on the public opinion poll, 81 percent said they were)Tj -1 -1.02 TD 0.106 Tw (in favor of installation of new technologies, such as driver warning)Tj T* 0.084 Tw (systems and black boxes. One of the major recommendations of the)Tj T* 0.076 Tw (National Transportation Safety Board for 15 years has been the in-)Tj T* 0.088 Tw (stallation of black boxes in trucks, as they are in airplanes, so that)Tj T* 0.174 Tw (you would be able to enforce the hours of service rules effectively)Tj T* 0.176 Tw (by electronic means, and also you would get data when there are)Tj T* 0.052 Tw (crashes. And we certainly support that.)Tj 1 -1.02 TD 0.054 Tw (With regard to the legislation, we very much support the transfer)Tj -1 -1.02 TD 0.108 Tw (of the in-service vehicle rulemaking to the National Highway Traf-)Tj T* 0.058 Tw (fic Safety Administration. Generally, this rulemaking done by OMC)Tj T* 0.272 Tw (is to make sure that the rules issued by the National Highway)Tj T* 0.212 Tw (Traffic Safety Administration for new trucks are kept up to date)Tj T* 0.146 Tw (on the trucks on the road. And so it is very much an extension of)Tj T* 0.052 Tw (what the agency already does.)Tj 1 -1.02 TD 0.134 Tw (Rarely does the Office of Motor Carriers require a retrofit of old)Tj -1 -1.02 TD 0.182 Tw (trucks that have never had these devices on them. So it really is)Tj T* 0.138 Tw (an extension of what NHTSA already does and so, for that reason)Tj T* 0.228 Tw (particularly, we believe that this authority should be transferred)Tj T* 0.082 Tw (and that is a provision in Senator McCain)Tj /F14 1 Tf 19.9467 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.082 Tw (s bill, and we very much)Tj -20.1507 -1.02 TD 0.052 Tw (support it.)Tj 1 -1.02 TD 0.124 Tw (In addition, the National Highway Traffic Safety Administration)Tj -1 -1.02 TD 0.084 Tw (has been effective at issuing regulations, unlike the Office of Motor)Tj T* 0.18 Tw (Carriers. It has the expertise and the technical capacity to do so.)Tj T* 0.178 Tw (And we certainly also support another provision in the bill which)Tj T* 0.062 Tw (would require data collection and analysis and research transferred)Tj T* 0.206 Tw (to NHTSA, because that agency has a very effective data system)Tj 0 -1.01 TD 0.192 Tw (and the Office of Motor Carriers never has. In fact, OMC has no)Tj T* 0.204 Tw (reliable State-by-State information, even the most basic data cat-)Tj T* 0.072 Tw (egories, for commercial vehicle operations and commercial driver li-)Tj T* 0 Tw (censes.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00040)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 138 0 obj <>/ExtGState<>>> endobj 139 0 obj <> endobj 140 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (37)Tj -14.344 -2 TD 0.224 Tw (We also support another provision in the bill for the Inspector)Tj -1 -0.99 TD 0.11 Tw (General recommendations to be implemented by the Secretary. We)Tj T* 0.224 Tw (think that without these three provisions, this creation of a new)Tj T* 0.326 Tw (administration would be an empty box. Because the failures of)Tj T* 0.214 Tw (OMC have been so substantial that if it were simply transferred)Tj T* 0.07 Tw (as it now is into a higher-level administration, it would mean noth-)Tj T* 0.252 Tw (ing. It has to have these additional provisions in order to make)Tj T* 0.052 Tw (sure that it operates effectively.)Tj 1 -0.99 TD 0.102 Tw (We also endorse CVSA)Tj /F14 1 Tf 10.8428 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.102 Tw (s proposal for a new entrants special pro-)Tj -12.0468 -0.99 TD 0.098 Tw (gram. We would suggest that be added to the bill. Our reasons are)Tj T* 0.198 Tw (that our greatest number of problems always occur with new en-)Tj T* 0.052 Tw (trants, so we definitely support that.)Tj 1 -0.99 TD 0.258 Tw (We also support what Ken Mead suggested, which is that en-)Tj -1 -0.99 TD 0.1 Tw (forcement without any action is no enforcement at all. You have to)Tj T* 0.15 Tw (have sufficient penalties and action. We believe that the penalties)Tj T* 0.254 Tw (should be increased. We would be happy to work with the com-)Tj T* 0.052 Tw (mittee on our suggestions with regard to that.)Tj 1 -0.99 TD 0.114 Tw (We also are concerned about conflicts of interest. Under the cur-)Tj -1 -0.99 TD 0.092 Tw (rent OMC, there are many conflicts of interest that are involved in)Tj T* 0.12 Tw (the granting of money to the trucking industry to do research pre-)Tj T* 0.17 Tw (paratory to doing a rulemaking to regulate the trucking industry,)Tj T* 0.144 Tw (and we think that is very inappropriate. We would like to see the)Tj T* 0.288 Tw (bill contain provisions on conflict of interest, both as to the re-)Tj T* 0.154 Tw (search activities and also as to the leadership of this new agency,)Tj T* 0.2 Tw (because, without that, we think that it will not have appropriate)Tj T* 0.052 Tw (conflict of interest controls.)Tj 1 -0.99 TD 0.166 Tw (And we have several other suggestions. I see my time is up. In)Tj -1 -0.99 TD 0.204 Tw (conclusion, I would say that we would suggest that the responsi-)Tj T* 0.252 Tw (bility in the Department of Transportation for NAFTA, which is)Tj T* 0.18 Tw (now diverse and spread all over this agency, this Department, be)Tj T* 0.172 Tw (centralized. I would urge the committee to address that here. Be-)Tj T* 0.052 Tw (cause the only way that you are going to have effective enforcement)Tj T* 0.136 Tw (at the border and effective implementation of the requirements on)Tj T* 0.066 Tw (transportation as to NAFTA is if there is one person that you know)Tj T* 0.072 Tw (is responsible for this and you can go to, and we can go to, to make)Tj T* 0.134 Tw (sure that the border is properly managed. Because today it is not.)Tj 1 -0.99 TD 0.174 Tw (I guess the last point, if I could just take 1 second to say it, is)Tj -1 -0.99 TD 0.14 Tw (this issue of a dual mandate. This committee changed the FAA so)Tj T* 0.062 Tw (that it would not have both promotional and regulatory responsibil-)Tj T* 0.212 Tw (ities for safety. And you were not here in the Senate, either one)Tj T* 0.268 Tw (of you, but I worked in the Senate in 1966 when this Office of)Tj T* 0.092 Tw (Motor Carriers was transferred from the ICC to the Department of)Tj T* 0.182 Tw (Transportation so that it was out of the industry promotion busi-)Tj T* 0.264 Tw (ness and safety was the only requirement of the Department of)Tj T* 0.052 Tw (Transportation for truck safety.)Tj 1 -0.99 TD 0.208 Tw (We think it would be terrible to have it have a dual mandate.)Tj -1 -0.99 TD 0.088 Tw (Again, we think that the Congress was wise in 1966. We hope that)Tj T* 0.052 Tw (you will make that clear in this legislation.)Tj 1 -0.99 TD (Thank you very much for the opportunity to testify.)Tj T* ([The prepared statement of Ms. Claybrook follows:])Tj 8 0 0 8 160.24 140 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 165.5759 140 Tm (REPARED)Tj 8 0 0 8 200.5679 140 Tm (S)Tj 6.4 0 0 6.0958 205.6078 140 Tm [(TATEMENT)-412.5(OF)]TJ 8 0 0 8 258.0622 140 Tm (J)Tj 6.4 0 0 6.0958 262.5101 140 Tm (OAN)Tj 8 0 0 8 279.9661 140 Tm (C)Tj 6.4 0 0 6.0958 285.742 140 Tm (LAYBROOK)Tj 8 0 0 8 323.3163 140 Tm 0.0525 Tw (, B)Tj 6.4 0 0 6.0958 333.9602 140 Tm 0 Tw (OARD)Tj 8 0 0 8 355.8002 140 Tm (M)Tj 6.4 0 0 6.0958 363.3521 140 Tm (EMBER)Tj 8 0 0 8 387.8768 140 Tm 0.0525 Tw (, A)Tj 6.4 0 0 6.0958 398.5207 140 Tm 0 Tw [(DVOCATES)-412.5(FOR)]TJ 8 0 0 8 253.36 131.9999 Tm (H)Tj 6.4 0 0 6.0958 260.0239 131.9999 Tm [(IGHWAY)-412.5(AND)]TJ 8 0 0 8 308.4398 131.9999 Tm (A)Tj 6.4 0 0 6.0958 314.2157 131.9999 Tm (UTO)Tj 8 0 0 8 331.3197 131.9999 Tm (S)Tj 6.4 0 0 6.0958 336.3596 131.9999 Tm (AFETY)Tj 8 0 0 8 155 118.9999 Tm 0.2975 Tw (Senator Hutchison and members of the Surface Transportation Subcommittee,)Tj -1 -1 TD 0.1525 Tw (thank you for the opportunity to testify at this extremely important hearing. I am)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00041)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 141 0 obj <>/ExtGState<>>> endobj 142 0 obj <> endobj 143 0 obj <> endobj 144 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (38)Tj 8 0 0 8 147 643 Tm 0.1475 Tw (Joan Claybrook, Program Co-Chair of Advocates for Highway and Auto Safety and)Tj 0 -0.9875 TD 0.085 Tw (president of Public Citizen. Advocates is a national highway and motor vehicle safe-)Tj T* 0.145 Tw (ty organization that I am proud to have helped to start in 1989. We are a unique,)Tj T* 0.1425 Tw (non-profit group that is composed of a wide range of consumer, health, safety, and)Tj T* 0.205 Tw (law enforcement organizations, and insurance companies and representatives who)Tj T* 0.17 Tw (are dedicated to the belief that carefully focused actions to improve safety policies)Tj T* 0.1075 Tw (and practices at both the federal and state levels will reduce motor vehicle crashes,)Tj T* 0.0525 Tw (deaths, and injuries.)Tj 1 -0.9875 TD 0.055 Tw (Advocates is celebrating its tenth anniversary this year. During the past ten years)Tj -1 -0.9875 TD 0.26 Tw (we have worked closely with the Senate Commerce, Science, and Transportation)Tj T* 0.215 Tw (Committee on a wide range of issues affecting highway and auto safety. Because)Tj T* 0.08 Tw (of this committee)Tj /F14 1 Tf 8.1419 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.08 Tw (s leadership and the legislation that members and committee staff)Tj -8.3459 -0.9875 TD 0.0875 Tw (have proposed and persisted in championing through enactment, the American pub-)Tj T* 0.13 Tw (lic is driving safer motor vehicles, the government is providing better consumer in-)Tj T* 0.2025 Tw (formation about auto safety, and motor carrier safety has been enhanced because)Tj T* 0.185 Tw (of your timely initiatives on commercial licensing, truck and bus anti-lock brakes,)Tj T* 0.07 Tw (as well as commercial driver drug and alcohol testing. The leaders of this committee)Tj T* 0.1 Tw (are continuing this tradition of advancing public health and safety with these hear-)Tj T* 0.11 Tw (ings on motor carrier safety and through Chairman John McCain)Tj /F14 1 Tf 31.1935 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.11 Tw (s recent introduc-)Tj -31.3975 -0.9875 TD 0.0525 Tw (tion of S. 1501.)Tj 1 -0.9875 TD 0 Tw (Today)Tj /F14 1 Tf 2.834 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.14 Tw (s hearing and its subject could not be more timely or more pressing. Each)Tj -4.038 -0.9875 TD 0.12 Tw (year, thousands of Americans are needlessly losing their lives and suffering severe,)Tj T* 0.305 Tw (often permanently disabling, injuries because of motor vehicle crashes involving)Tj T* 0.235 Tw (large trucks. Sadly, the overall number of passenger vehicle deaths due to truck)Tj T* 0.185 Tw (crashes has increased over the past seven years. In 1998, 4,212 occupants of pas-)Tj T* 0.1575 Tw (senger vehicles were killed in big truck crashes, an increase of 33 deaths over the)Tj T* 0.145 Tw (4,189 who died in 1997. Just as important are the injuries sustained by passenger)Tj T* 0.2975 Tw (vehicle occupants: almost 100,000 each year according to the National Highway)Tj T* 0.0875 Tw (Traffic Safety Administration \(NHTSA\). Overall, in 1998, 5,374 people died in truck)Tj T* 0.1475 Tw (crashes \(an average of more than 100 people a week\) and 127,000 were injured. If)Tj T* 0.0575 Tw (400 people died every month in airline crashes, this Committee would be demanding)Tj T* 0.175 Tw (the resignation of the Federal Aviation Administration \(FAA\) Administrator, hold-)Tj T* 0.17 Tw (ing emergency hearings condemning airline operations, and the newspapers would)Tj T* 0.13 Tw (make it front page news. Why is it that truck crash deaths are considered routine,)Tj T* 0.0525 Tw (not a crisis?)Tj 1 -0.9875 TD (These figures are disturbing enough on their own. However, when they are viewed)Tj -1 -0.9875 TD 0.1625 Tw (from other statistical perspectives, they become especially alarming and demand a)Tj T* 0.0525 Tw (response from all levels of government:)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.24 Tw (Large trucks are much more prone to be involved in fatal multiple-vehicle)Tj -1.015 -0.9875 TD 0.09 Tw (crashes than passenger vehicles and their rate of involvement in such collisions)Tj T* 0.0975 Tw (has grown in 1998 to 84 percent. When big trucks have crashes with passenger)Tj 0 -1 TD 0.0525 Tw (vehicles, more than four out of five of these collisions result in deaths.)Tj /F9 1 Tf T* 0 Tw ()Tj /F22 1 Tf 1.015 0 TD 0.1025 Tw (Ninety-eight \(98\) percent )Tj /F18 1 Tf 11.8973 0 TD (of the people killed in crashes involving a passenger)Tj -12.9123 -1 TD 0.0525 Tw (vehicle and a large truck are passenger vehicle occupants.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0775 Tw (Although big trucks account for only 3 percent of registered vehicles, they are)Tj -1.015 -1 TD 0.06 Tw (involved in 9 percent of all fatal crashes and in 12 percent of all passenger vehi-)Tj T* 0.0525 Tw (cle deaths.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1275 Tw (Even more startling is the fact that )Tj /F22 1 Tf 17.5052 0 TD (more than one out of five )Tj /F18 1 Tf 12.3378 0 TD (\(22 percent\) of)Tj -30.8581 -1 TD 0.1975 Tw (all passenger vehicle occupant deaths on our roads and highways result from)Tj T* 0.0525 Tw (crashes with large trucks.)Tj -1 -1.5 TD 0.0875 Tw (I do not think that these horrifying facts and figures from NHTSA and the Insur-)Tj -1 -1 TD 0.115 Tw (ance Institute for Highway Safety are a coincidence. They are unacceptable and in-)Tj T* 0.075 Tw (tolerable losses that have increased dramatically since the Federal Highway Admin-)Tj T* 0 Tw (istration)Tj /F14 1 Tf 3.9819 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.2075 Tw (s \(FHWA\) Office of Motor Carriers \(now the Office of Motor Carrier and)Tj -4.1859 -1 TD 0.115 Tw (Highway Safety\) took a nosedive in the quantity and quality of its key safety stew-)Tj T* 0.14 Tw (ardship at the start of the 1990)Tj /F14 1 Tf 15.2878 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.14 Tw (s. FHWA)Tj /F14 1 Tf 4.3619 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.14 Tw (s regulatory and enforcement lapses over)Tj -20.0577 -1 TD 0.27 Tw (the past several years were amply documented in 1997, 1998 and 1999 by dev-)Tj T* 0.0725 Tw (astating reports from the U.S. Department of Transportation \(DOT\) Office of the In-)Tj T* 0.1875 Tw (spector General \(OIG\), in oversight studies by the U.S. General Accounting Office)Tj T* 0.215 Tw (\(GAO\), and through repeated criticism and calls to action issued by the National)Tj T* 0.0525 Tw (Transportation Safety Board \(NTSB\).)Tj 1 -1 TD 0.12 Tw (I also want to stress here that these critical evaluations showing FHWA)Tj /F14 1 Tf 34.6195 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.12 Tw (s failure)Tj -35.8235 -1 TD (to advance commercial motor vehicle safety are not confined to the safety problems)Tj T* 0.2225 Tw (of our domestic trucking operations, but extend to foreign operations as well. In-)Tj T* 0.205 Tw (deed, the GAO published two reports, in 1996 and in 1997, showing the abysmal)Tj T* 0.07 Tw (failure of the U.S. DOT to ensure the safety fitness of drivers and commercial motor)Tj T* 0.09 Tw (vehicles crossing into the U.S. at our southern border. And FHWA has not provided)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00042)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 145 0 obj <>/ExtGState<>>> endobj 146 0 obj <> endobj 147 0 obj <> endobj 148 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (39)Tj 8 0 0 8 147 643 Tm 0.0925 Tw (the kind of comprehensive inspection of these motor carriers to catch the dangerous)Tj 0 -0.9875 TD 0.1675 Tw (vehicles and drivers, and provide a deterrent to those south-of-the-border trucking)Tj T* 0.1575 Tw (businesses that are violating our safety regulations. Even today, three years later,)Tj T* 0.165 Tw (if this border were open to all truck traffic, there is )Tj /F22 1 Tf 25.5936 0 TD (de minimis )Tj /F18 1 Tf 5.7729 0 TD (capacity to detect)Tj -31.3666 -0.9875 TD 0.0525 Tw (the unfit and dangerous trucks and drivers.)Tj 1 -0.9875 TD 0.1025 Tw (Taken together, these crash facts and oversight reports make it crystal clear that)Tj -1 -0.9875 TD 0.1675 Tw (major actions are needed quickly to stem this terrible tide of crashes, deaths, and)Tj T* 0.1525 Tw (injuries that cost our country dearly. Increasingly, the systemic defects of FHWA)Tj /F14 1 Tf 39.0829 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -39.2869 -0.9875 TD 0.2925 Tw (administration of motor carrier safety have been revealed over the past several)Tj T* 0.125 Tw (years, with a crescendo of failures documented in reports issued by several govern-)Tj T* 0.0575 Tw (ment organizations and in letters, testimony, and regulatory comments filed by safe-)Tj T* 0.075 Tw (ty groups and victims over the past year alone. I would like to submit for the record)Tj T* 0.0525 Tw (a chronology which includes all of the hearings, meetings, workshops, and plans pro-)Tj T* 0.085 Tw (posed by the U.S. Department of Transportation to address this serious safety prob-)Tj T* (lem. \(See attachment\).These basic failures by FHWA of its statutory responsibilities)Tj T* 0.2575 Tw (demand rapid)Tj /F14 1 Tf 6.7024 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.2575 Tw (but carefully crafted)Tj /F14 1 Tf 9.9219 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.2575 Tw (legislative corrections enacted by Congress.)Tj -18.6242 -0.9875 TD 0.0725 Tw (And Congress must pass comprehensive commercial motor vehicle safety reform leg-)Tj T* 0.2275 Tw (islation before it adjourns this year. The American public cannot endure another)Tj T* 0.1275 Tw (year of horrific reports of fatal big truck and bus crashes, confirmed by recent gov-)Tj T* 0.2675 Tw (ernment figures, that are portrayed almost daily on television and in the news-)Tj T* 0.215 Tw (papers. The issue is too important to await more plans and reports detailing the)Tj T* 0.1975 Tw (failures of the federal motor carrier safety program or the release of new govern-)Tj T* 0.125 Tw (ment figures confirming that the large number of truck-related deaths and injuries)Tj T* 0.145 Tw (are a national disgrace. In fact, the public has recently weighed in on truck safety)Tj T* 0.17 Tw (and the results are clear: the majority of Americans are very concerned about the)Tj T* 0.0525 Tw (safety of big trucks on our roads.)Tj 1 -0.9875 TD 0.115 Tw (Today, Advocates is releasing for the first time the results of three recent polling)Tj -1 -0.9875 TD 0.1225 Tw (questions on truck safety. Two public opinion questions were contained in a survey)Tj T* 0.0575 Tw (conducted this summer by Opinion Research Corporation International, prepared for)Tj T* 0.3 Tw (the Consumer Federation of America and Advocates. When asked whether they)Tj T* 0.155 Tw (would pay more for goods shipped by trucks in exchange for truck safety improve-)Tj T* 0.2125 Tw (ments, 78% of the American public said they would be willing to pay more. This)Tj T* 0.1175 Tw (clearly shows that consumers see an obvious benefit in paying more for their goods)Tj T* 0.0625 Tw (when lives are at stake. On another truck safety issue, motorists know that fatigued)Tj T* 0.1225 Tw (truck drivers behind the wheel are a safety hazard on the road, and that the prob-)Tj T* 0.2525 Tw (lem would only be worsened by allowing longer driving hours. An overwhelming)Tj T* 0.1 Tw (93% of the public said that allowing truck drivers to drive longer hours is less safe,)Tj T* 0.11 Tw (and 80% of respondents said that driving longer hours is )Tj /F22 1 Tf 27.5276 0 TD 0 Tw (much )Tj /F18 1 Tf 2.943 0 TD 0.11 Tw (less safe. Moreover,)Tj -30.4706 -0.9875 TD 0.1525 Tw (a large majority of the public)Tj /F14 1 Tf 14.1343 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD (81%)Tj /F14 1 Tf 1.945 0 TD ()Tj /F18 1 Tf 1 0 TD 0.1525 Tw (said they would favor the installation of new)Tj -18.0792 -0.9875 TD 0.1625 Tw (technologies such as driver warning systems and black boxes in trucks to improve)Tj T* 0.185 Tw (enforcement of motor carrier safety regulations, in a September, 1999 survey con-)Tj 0 -1 TD 0.0875 Tw (ducted by Lou Harris for Advocates. The American public continues to voice its con-)Tj T* 0.07 Tw (cern on the issue of truck safety and now looks to the Congress and the Administra-)Tj T* 0.0525 Tw (tion to make a real difference in saving lives.)Tj 1 -1 TD 0.1525 Tw (Let me first state that the best fundamental reform of motor carrier safety is to)Tj -1 -1 TD 0.405 Tw (transfer all of the safety regulation and enforcement responsibilities currently)Tj T* 0.1175 Tw (housed in FHWA to NHTSA. The NHTSA track record of timely, carefully targeted)Tj T* 0.2075 Tw (safety regulation and its field office infrastructure complements its excellent data)Tj T* 0.08 Tw (collection, analysis, and crash research capabilities. NHTSA can and will do the job.)Tj T* 0.115 Tw (However, if a complete transfer of authority is not made to NHTSA, at a minimum)Tj T* 0.085 Tw (some basic safety responsibilities need to be transferred to it, regardless of the final)Tj T* (venue for core motor carrier functions currently administered by the Office of Motor)Tj T* 0.105 Tw (Carrier and Highway Safety \(OMCHS\). At the top of the list is the duty for issuing)Tj T* 0.22 Tw (regulations addressing the motor vehicle standards, maintenance, and safety per-)Tj T* 0.205 Tw (formance of key components and equipment of commercial motor vehicles already)Tj T* 0.065 Tw (in service. We simply can no longer tolerate FHWA)Tj /F14 1 Tf 24.1496 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.065 Tw (s shortsighted regulatory actions)Tj -24.3536 -1 TD 0.1225 Tw (to delay or avoid requiring important safety improvements for trucks and buses al-)Tj T* 0.15 Tw (ready on the road. That is why we strongly support the provision \(Section 2\) in S.)Tj T* 0.1975 Tw (1501 that transfers to NHTSA the regulation of the safety equipment on existing)Tj T* 0.0525 Tw (trucks, trailers, and buses.)Tj 1 -1 TD 0.195 Tw (Even when FHWA finally gets around to extending the new vehicle regulations)Tj -1 -1 TD 0.2325 Tw (issued by NHTSA for in-service trucks and buses, it usually applies these safety)Tj T* 0.1375 Tw (rules only to a small portion of the existing fleet, by limiting its regulations to the)Tj T* 0.0575 Tw (maintenance of safety equipment on these vehicles required by NHTSA in standards)Tj T* 0.25 Tw (for newly-manufactured commercial vehicles. This approach, however, avoids cor-)Tj T* 0.2225 Tw (recting widespread safety deficiencies for most of the existing fleet, especially for)Tj T* 0.085 Tw (trailers which can have service lives as long as 20 years. For example, when FHWA)Tj T* 0.185 Tw (published its final rule just several weeks ago requiring carriers to maintain rear)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00043)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 149 0 obj <>/ExtGState<>>> endobj 150 0 obj <> endobj 151 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (40)Tj 8 0 0 8 147 643 Tm 0.1625 Tw (underride guards on trailers to prevent these lethal crashes by small vehicles, the)Tj 0 -0.9875 TD 0.165 Tw (agency only made the rule prospective in application from 1996 onward, the effec-)Tj T* 0.1025 Tw (tive date for NHTSA)Tj /F14 1 Tf 9.8454 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw (s standard for newly-manufactured vehicles. This ensures that)Tj -10.0494 -0.9875 TD 0.2125 Tw (the overwhelming majority of trailers on the road still fitted with the dangerous,)Tj T* 0.2725 Tw (obsolete Interstate Commerce Commission type of rear trailer guard required in)Tj T* 0.11 Tw (1953 will not be removed and upgraded to the current NHTSA standard. For many)Tj T* 0.2425 Tw (years to come, these inadequate, and even lethal, trailer guards will continue to)Tj T* 0.105 Tw (threaten the lives of all the motorists who are unlucky enough to run into the back)Tj T* 0.0525 Tw (of a tractor-trailer.)Tj 1 -0.9875 TD 0.0925 Tw (Another example involves improved heavy truck conspicuity, where FHWA issued)Tj -1 -0.9875 TD 0.0775 Tw (a final rule for combination truck trailers manufactured before a NHTSA regulatory)Tj T* 0.095 Tw (compliance date. The rulemaking took nearly six years and was a sham safety deci-)Tj T* 0.19 Tw (sion for trailers already on the road. In essence, FHWA essentially grandfathered)Tj T* 0.2375 Tw (trailers produced before the NHTSA compliance date by giving carriers up to 10)Tj T* 0.125 Tw (years to comply if they already had other, non-conforming retroreflective treatment)Tj T* 0.19 Tw (of the sides and rear ends of trailers. This means that most of these trailers will)Tj T* 0.0825 Tw (reach the end of their useful service lives without being retrofitted to NHTSA speci-)Tj T* 0.06 Tw (fications. In the meantime, FHWA has undermined the benefits of the NHTSA regu-)Tj T* (lation by allowing thousands of existing trailers with non-complying reflective mark-)Tj T* 0.23 Tw (ings, even with colors such as blue and green, to continue to operate. Improving)Tj T* 0.175 Tw (trailer visibility for motorists by requiring uniform markings is an inexpensive fix)Tj T* 0.085 Tw (for a dangerous and costly problem, and importantly, reduces the chances of drivers)Tj T* 0.2525 Tw (of small passenger vehicles running into the back ends of trailers. Nevertheless,)Tj T* 0.0875 Tw (FHWA found a way for motor carriers to avoid ever having to comply with the rule.)Tj 1 -0.9875 TD 0.0925 Tw (These examples show why Congress must enact the provision in S. 1501 to trans-)Tj -1 -0.9875 TD 0.135 Tw (fer important safety regulatory powers to NHTSA so that timely, compatible policy)Tj T* 0.11 Tw (decisions can be made by a single agency coordinating its new vehicle safety stand-)Tj T* 0.095 Tw (ards with standards to maintain and improve the safety performance of on-the-road)Tj T* 0.0525 Tw (trucks and buses.)Tj 1 -0.9875 TD 0.095 Tw (In order to give full effect to Section 2 of S. 1501, and transfer regulatory author-)Tj -1 -0.9875 TD 0.055 Tw (ity over retrofit and maintenance of in-service commercial motor vehicles to NHTSA,)Tj T* 0.145 Tw (Congress will also need to amend another law. Section 104\(c\)\(2\) of Title 49 United)Tj T* 0.3075 Tw (States Code, requires the FHWA Administrator to carry out duties and powers)Tj T* 0.21 Tw (under Chapter 315 of Title 49, which includes the authority to prescribe require-)Tj T* 0.2275 Tw (ments for the safety of operation and equipment of motor carriers. Enactment of)Tj T* 0.085 Tw (Section 2 of S.1501, without a corresponding amendment to Section 104, may create)Tj T* 0.1575 Tw (dual jurisdiction in both NHTSA and FHWA over these regulatory issues, a situa-)Tj T* 0.0675 Tw (tion that will not lead to regulatory efficiency or improve safety. In addition, Section)Tj T* 0.2875 Tw (104\(d\) prevents the Secretary of Transportation from transferring this authority)Tj T* 0.185 Tw (from the FHWA Administrator. To clarify this situation, S. 1501 should include a)Tj T* 0.215 Tw (technical amendment that deletes the reference to Chapter 315 now contained in)Tj 0 -1 TD 0.0525 Tw (Section 104\(c\)\(2\).)Tj 1 -1 TD 0.135 Tw (Similarly, we strongly support the provision in S. 1501 \(Section 6\) that transfers)Tj -1 -1 TD 0.1925 Tw (data collection, analysis, and administration of motor carrier reporting systems to)Tj T* 0.24 Tw (NHTSA. The U.S. DOT OIG)Tj /F14 1 Tf 13.9818 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.24 Tw (s April 1999 report stressed FHWA)Tj /F14 1 Tf 17.4968 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.24 Tw (s poor data and)Tj -31.8865 -1 TD 0.0825 Tw (data collection. Even in its recent rulemaking proposal to revamp the Motor Carrier)Tj T* 0.1425 Tw (Safety Assistance Program \(MCSAP\), FHWA itself admitted that it has no reliable)Tj T* 0.22 Tw (State-by-State information on even the most basic data categories for commercial)Tj T* 0.11 Tw (vehicle operations or commercial driver licenses. In addition, FHWA has repeatedly)Tj T* 0.25 Tw (repudiated even the need for doing careful crash causation studies, including its)Tj T* 0.265 Tw (public statements to that effect at a major NTSB hearing just this past March.)Tj T* 0.07 Tw (FHWA does not know why or how many truck crashes happen. Moving the adminis-)Tj T* 0.195 Tw (tration and evaluation of truck safety data, including crash causation analysis, to)Tj T* 0.1225 Tw (NHTSA is a baseline requirement of motor carrier safety reform. It is crucially im-)Tj T* 0.0525 Tw (portant for Section 5 of S. 1501 to be made the law of the land.)Tj 1 -1 TD 0.125 Tw (Another central feature of agency reform contained in S. 1501 is the provision in)Tj -1 -1 TD 0.4925 Tw (Section 4 directing the Secretary to implement the safety improvement rec-)Tj T* 0.16 Tw (ommendations in the OIG)Tj /F14 1 Tf 12.4998 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.16 Tw (s April 26, 1999, report \(TR-1999-091\). This provision is)Tj -12.7038 -1 TD (critical to the success of this legislation because it is the only provision in the bill)Tj T* 0.06 Tw (addressing the safety inspection and compliance review responsibilities of motor car-)Tj T* 0.2825 Tw (rier oversight. A complete and detailed fulfillment of the OIG findings and rec-)Tj T* 0 Tw (ommendations)Tj /F14 1 Tf 6.7969 0 TD ()Tj /F18 1 Tf 1 0 TD 0.06 Tw (appropriately strengthened by the OIG)Tj /F14 1 Tf 18.3147 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.06 Tw (s March 1997 report, as well)Tj -26.3156 -1 TD 0.165 Tw (as by GAO reports on safety in both domestic and cross-border commercial traffic,)Tj T* 0.08 Tw (and by recent NTSB reports and hearing findings on truck and bus safety)Tj /F14 1 Tf 34.9805 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.08 Tw (is pivot-)Tj -35.9805 -1 TD 0.1525 Tw (ally important to the establishment of a vigorous safety inspection and compliance)Tj T* 0.1175 Tw (review system. A new, independent motor carrier agency is simply a bankrupt idea)Tj T* 0.1575 Tw (unless it is accompanied by a renewed motor carrier enforcement mission that ad-)Tj T* 0.1125 Tw (dresses the enormous backlog of unrated carriers and inadequate roadside and bor-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00044)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 152 0 obj <>/ExtGState<>>> endobj 153 0 obj <> endobj 154 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (41)Tj 8 0 0 8 147 643 Tm 0.07 Tw (der inspections. Advocates strongly supports the purposes of Section 4, which is cen-)Tj 0 -0.9875 TD 0.1375 Tw (tral to the success of S. 1501 in reforming the federal administration of motor car-)Tj T* 0.0525 Tw (rier safety.)Tj 1 -0.9875 TD 0.165 Tw (There are two more features of the bill that we believe are forward looking and)Tj -1 -0.9875 TD 0.215 Tw (will ensure improved commercial vehicle safety on a national scale. First are the)Tj T* 0.3025 Tw (strong provisions mandating further strengthening of the successful Commercial)Tj T* 0.185 Tw (Driver License \(CDL\) program by closing the last loopholes in the system and in-)Tj T* 0.0675 Tw (creasing the penalties for violations, as well as setting penalties for infractions over-)Tj T* 0.2225 Tw (looked in FHWA)Tj /F14 1 Tf 8.1119 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2225 Tw (s regulations. Section 5 is particularly strong in its no-nonsense)Tj -8.3159 -0.9875 TD 0.1275 Tw (message to the states to administer its CDL programs to the highest standards. In)Tj T* 0.2 Tw (particular, we support the decertification authority provided the Secretary to sus-)Tj T* 0.2025 Tw (pend a State)Tj /F14 1 Tf 6.2399 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2025 Tw (s authority to issue commercial licenses until it complies with all of)Tj -6.4439 -0.9875 TD 0.0775 Tw (its responsibilities under federal safety regulations for the program. Although other,)Tj T* 0.22 Tw (financial penalties suspending and reallocating federal funds can have significant)Tj T* 0.0975 Tw (deterrent effects, the legislated authority to issue a decertification order is a power-)Tj T* 0.125 Tw (ful incentive to the States in foreseeing and curbing abuses, particularly in view of)Tj T* 0.0525 Tw (the misadministration of this program in some states.)Tj 1 -0.9875 TD 0.1525 Tw (Second, we also strongly support the rulemaking action of Section 5 to integrate)Tj -1 -0.9875 TD 0.0975 Tw (the federal medical certificate confirming driver qualification under the physical fit-)Tj T* 0.21 Tw (ness standards of the Federal Motor Carrier Safety Regulations with the CDL in)Tj T* 0.165 Tw (each State. If States issue renewed medical certificates on the same cycle as their)Tj T* 0.1475 Tw (CDLs, this will correct the abuse of drivers failing a medical examination but con-)Tj T* 0.0525 Tw (tinuing to drive because their licenses have not yet come up for renewal.)Tj 1 -0.9875 TD 0.115 Tw (The allied provision, mirroring FAA requirements, for a national registry of med-)Tj -1 -0.9875 TD 0.15 Tw (ical providers, will substantially improve the fail-safe approach to CDLs and phys-)Tj T* 0.275 Tw (ical qualification by ensuring a pool of health care providers with demonstrated)Tj T* 0.1125 Tw (knowledge about the special medical standards which apply to new CDL applicants)Tj T* 0.205 Tw (and current license holders. A few years ago, there was a strong majority among)Tj T* 0.135 Tw (the members of an FHWA negotiated rulemaking committee supporting such a na-)Tj T* 0.2525 Tw (tional registry, including motor carrier industry representatives, health care pro-)Tj T* 0.1525 Tw (viders, and Advocates. There are just too many documented cases, corroborated by)Tj T* 0.175 Tw (FHWA and the States, of drivers being certified by health care providers who are)Tj T* 0.1425 Tw (unaware of the higher medical standards that a driver must pass to become or re-)Tj T* 0.0575 Tw (main eligible to operate a commercial motor vehicle in interstate commerce. Control-)Tj T* 0.2075 Tw (ling the quality of the physical requirements required for operating a commercial)Tj T* 0.0525 Tw (vehicle in interstate commerce is long overdue because it will enhance the protection)Tj T* (of the traveling public.)Tj 1 -0.9875 TD 0.135 Tw (The provisions of S. 1501 which I have just reviewed are its great strengths and)Tj -1 -0.9875 TD 0.17 Tw (I believe they will go a long way toward reforming motor carrier safety. However,)Tj T* 0.0525 Tw (we believe there are other provisions, if incorporated in S. 1501, would advance safe-)Tj T* (ty even further. Let me review these briefly.)Tj /F9 1 Tf 2 -1.5 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Compliance Reviews, Safety Ratings, and Roadside Inspections.)Tj -2.015 -1.5 TD 0.3425 Tw (In a September 13, 1999, interview with )Tj /F22 1 Tf 21.2732 0 TD (Transport Topics, )Tj /F18 1 Tf 9.1269 0 TD (published by the)Tj -31.4001 -1 TD 0.1925 Tw (American Trucking Associations, a senior OMCHS official stated that the number)Tj T* 0.0525 Tw (of federal motor carrier compliance reviews would increase until they reach the 1992)Tj T* 0.08 Tw (average of more than 9,000 per year \(roughly 770 per month\). When that 1992 level)Tj T* 0.1525 Tw (is reached, OMCHS would take a look at safety and )Tj /F14 1 Tf 25.6406 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1525 Tw (see if we can ease off a bit.)Tj /F14 1 Tf 13.2923 0 TD 0 Tw ()Tj /F18 1 Tf -38.3409 -1 TD 0.225 Tw (However, reducing the number of compliance reviews is the last thing that we)Tj -1 -1 TD 0.0775 Tw (need. This agency official failed to acknowledge that there are )Tj /F22 1 Tf 29.6486 0 TD (almost twice as many)Tj -29.6486 -1 TD 0.31 Tw (registered motor carriers today as there were in 1992: )Tj /F18 1 Tf 27.4506 0 TD (nearly 478,000 interstate)Tj -27.4506 -1 TD 0.095 Tw (motor carriers, according to FHWA figures. The OIG)Tj /F14 1 Tf 24.9596 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.095 Tw (s April 1999 report stated that)Tj -25.1636 -1 TD 0.16 Tw (FHWA has performed 30 percent fewer compliance reviews since 1995 while there)Tj T* 0.0725 Tw (has been a 36 percent increase in the number of registered interstate motor carriers)Tj T* 0.08 Tw (in only four years. In fact, in March 1998, the agency even failed to perform compli-)Tj T* 0.1175 Tw (ance reviews on 248 \(or 15 percent\) of the high-risk carriers recommended for such)Tj T* 0.0525 Tw (a review.)Tj 1 -1 TD 0.11 Tw (Given FHWA)Tj /F14 1 Tf 6.3319 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.11 Tw (s indifferent attitude toward its oversight and enforcement mission,)Tj -7.5359 -1 TD 0.1325 Tw (we believe that Congress needs to set a firm goal, perhaps even a specific number,)Tj T* 0.19 Tw (for the agency)Tj /F14 1 Tf 6.8979 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.19 Tw (s completion of motor carrier safety reviews. Without specific legis-)Tj -7.1019 -1 TD 0.1825 Tw (lated targets, we are not confident that government regulators will ever overcome)Tj T* 0.1925 Tw (the enormous backlog of unreviewed carriers and carriers that are either unrated)Tj T* 0.0525 Tw (or bearing out-of-date ratings.)Tj /F9 1 Tf 2 -1.5 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (New Motor Carriers.)Tj -2.015 -1.5 TD 0.19 Tw (Looking forward, we also recommend that the bill contain a provision requiring)Tj -1 -1 TD 0.16 Tw (the Secretary to conduct rulemaking to establish a new motor carrier entrant pro-)Tj T* 0.3625 Tw (ficiency examination. If the backlog of unreviewed and unrated carriers seems)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00045)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 155 0 obj <>/ExtGState<>>> endobj 156 0 obj <> endobj 157 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (42)Tj 8 0 0 8 147 643 Tm 0.195 Tw (daunting, we need to avoid adding to it by allowing new applicants for interstate)Tj 0 -0.9875 TD 0.19 Tw (operating authority to begin operations simply by paying a fee and showing proof)Tj T* 0.26 Tw (of insurance. FHWA records show that carriers early in their business lives are)Tj T* 0.1875 Tw (more prone to rack up violations, often in large part because their owners simply)Tj T* 0.2375 Tw (do not know the federal regulations that govern their interstate operations. This)Tj T* 0.225 Tw (safety problem can be avoided by requiring applicant carriers to pass a federally)Tj T* 0.1325 Tw (prescribed proficiency test demonstrating their understanding of the Federal Motor)Tj T* 0.09 Tw (Carrier Safety Regulations. Within a year of gaining operating authority, these new)Tj T* 0.1675 Tw (carriers should undergo a compliance review that either confirms or changes their)Tj T* 0.0525 Tw (initial safety rating.)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Minimum Penalties for Federal Violations.)Tj -2.015 -1.4875 TD 0.075 Tw (It is high time to stop the widespread federal practice of routinely either forgiving)Tj -1 -0.9875 TD (any monetary sanctions for safety regulation violations or reducing them to nominal)Tj T* 0.245 Tw (sums so that carriers, when fined, simply regard the fines as incidental costs of)Tj T* 0.13 Tw (doing business. The April 1999 OIG report underscored the chronic problem of fed-)Tj T* 0.1925 Tw (eral enforcement officials looking the other way when stiff fines are called for. In)Tj T* 0.0525 Tw (response, the OIG called for legislation to raise the statutory penalty ceilings.)Tj 1 -0.9875 TD 0.2175 Tw (While we support this recommendation wholeheartedly, Advocates believes that)Tj -1 -0.9875 TD 0.1 Tw (the first order of business is to establish a floor for the minimum amounts that can)Tj T* 0.13 Tw (be assigned for violations. We believe that a figure equal to one-half the maximum)Tj T* 0.2225 Tw (amounts listed in the Federal Motor Carrier Safety Regulations as the minimum)Tj T* 0.1875 Tw (permitted by law is a good benchmark. Curtailing regulators)Tj /F14 1 Tf 29.5406 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1875 Tw [( discretion to forgive)]TJ -29.7446 -0.9875 TD 0.1725 Tw (all fines or make them just a )Tj /F14 1 Tf 14.7473 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1725 Tw (slap on the wrist)Tj /F14 1 Tf 8.2594 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1725 Tw [( will make motor carriers under-)]TJ -23.8227 -0.9875 TD 0.18 Tw (stand that safety violations can have serious financial consequences. We also sug-)Tj T* 0.2025 Tw (gest the committee adopt a strong provision in H.R. 2679, Section \(b\)\(2\), inserted)Tj T* 0.14 Tw (at the request of Rep. James Oberstar \(D-WI\), that mandates agency imposition of)Tj T* 0.215 Tw (the maximum civil penalties when enforcement officials find that a motor carrier)Tj T* 0.2 Tw (has twice committed the same or related violations. Advocates supports this )Tj /F14 1 Tf 37.5925 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (get-)Tj -38.0005 -0.9875 TD (tough)Tj /F14 1 Tf 2.648 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.2375 Tw [( approach, which clearly will deter repeated violations and urges the com-)]TJ -3.056 -0.9875 TD 0.1575 Tw (mittee to include a similar provision in S. 1501. We also support routine updating)Tj T* 0.2125 Tw (of the schedule of penalties in 49 Code of Federal Regulations to keep pace with)Tj T* 0.0525 Tw (the Consumer Price Index.)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Conflicts of Interest.)Tj -2.015 -1.4875 TD 0.15 Tw (It is imperative that Congress imposes effective controls on the abuses involving)Tj -1 -0.9875 TD 0 Tw (FHWA)Tj /F14 1 Tf 3.2029 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw (s provision of federal funds to the trucking industry and its affiliates to con-)Tj -3.4069 -0.9875 TD 0.13 Tw (duct sensitive motor carrier safety research which directly affects prospective regu-)Tj T* 0.1075 Tw (latory actions and policy choices of the agency. This is nothing more than the regu-)Tj T* 0.2325 Tw (lated industry producing studies to serve as the basis for the FHWA regulations)Tj T* 0.1775 Tw (governing the industry. It is using taxpayer dollars to pay the fox to dwell in the)Tj T* 0.135 Tw (chicken coop. Right now, there are several research efforts underway, including in-)Tj T* 0.2075 Tw (vestigations directly affecting commercial driver hours of service rules, being con-)Tj 0 -1 TD 0.0725 Tw (ducted by an arm of the trucking industry. Recent studies costing millions of dollars)Tj T* 0.0675 Tw (and taking several years, such as the Driver Fatigue and Alertness Study conducted)Tj T* 0.1475 Tw (in part by the Trucking Research Institute of the American Trucking Associations,)Tj T* 0.21 Tw (have prejudiced major rulemaking initiatives. Despite the numerous flaws in this)Tj T* 0.1525 Tw (and other research studies, FHWA most inappropriately continues to rely on them)Tj T* 0.255 Tw (as a basis for its regulatory and other policy decisions. In three separate NTSB)Tj T* 0.115 Tw (hearings held this year on motor carrier safety and technology, Chairman Jim Hall)Tj T* 0.275 Tw (decried the prejudiced research conducted with the trucking industry concerning)Tj T* 0.14 Tw (whether on-board recorders are needed to show commercial driver compliance with)Tj T* 0.0525 Tw (hours of service regulations.)Tj 1 -1 TD 0.1125 Tw (This is a practice which NHTSA would never condone or engage in. Having vehi-)Tj -1 -1 TD 0.085 Tw (cle manufacturers federally contracted and paid with taxpayer money to conduct re-)Tj T* 0.2625 Tw (search bearing directly on forthcoming regulations affecting the industry)Tj /F14 1 Tf 35.7655 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2625 Tw (s safety)Tj -35.9695 -1 TD 0.1475 Tw (standards is simply inconceivable. Yet this is exactly the practice consistently pur-)Tj T* 0.075 Tw (sued by FHWA with study after study carried out by the trucking industry at a cost)Tj T* 0.1225 Tw (of millions and millions of taxpayer dollars directly impacting federal motor carrier)Tj T* 0.1625 Tw (safety standards. In a word, this practice must be stopped. A large part of the in-)Tj T* 0.2275 Tw (transigent attitude of FHWA toward vigorous federal safety regulation is due di-)Tj T* 0.0825 Tw (rectly to the research findings it relies on being produced by the regulated industry.)Tj T* 0.2275 Tw (If Congress wants to achieve significant changes in the way motor carrier safety)Tj T* 0.18 Tw (standards are finally adopted, it must eliminate the conflict-of-interest problem in)Tj T* 0.0525 Tw (motor carrier safety research and regulation.)Tj 1 -1 TD 0.17 Tw (This pervasive, chronic problem of prejudiced research contracts provides impor-)Tj -1 -1 TD 0.0925 Tw (tant instruction on controlling any future federal appointments to high-level admin-)Tj T* 0.3375 Tw (istrative positions regarding motor carrier safety. Congress also needs to enact)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00046)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 158 0 obj <>/ExtGState<>>> endobj 159 0 obj <> endobj 160 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (43)Tj 8 0 0 8 147 643 Tm 0.1725 Tw (strong conflict of interest provisions to ensure that any agency officials overseeing)Tj 0 -0.9875 TD 0.115 Tw (motor carrier regulation and enforcement have unimpeachable credentials. Employ-)Tj T* 0.145 Tw (ment in the motor carrier industry or strong financial ties to the industry through)Tj T* 0.1525 Tw (repeated contracted work, for example, should immediately disqualify any prospec-)Tj T* 0.1225 Tw (tive candidate for an appointed position. If Congress creates a new, separate motor)Tj T* 0.235 Tw (carrier agency and does not address these two major conflict-of-interest issues of)Tj T* 0.135 Tw (agency research and agency leadership, public confidence in the impartiality of the)Tj T* 0.255 Tw (policy decisions of a separate motor carrier agency will be undermined from the)Tj T* 0.0525 Tw (start and, more importantly, a new era of motor carrier safety will not occur.)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (State and Federal Motor Carrier Law and Regulation.)Tj -2.015 -1.4875 TD 0.24 Tw (According to the NTSB, perhaps one-half of the deaths from big truck crashes)Tj -1 -0.9875 TD 0.2225 Tw (each year involve intrastate-only motor carriers. Because of the Tolerance Guide-)Tj T* 0.175 Tw (lines adopted by FHWA \(49 CFR Pt. 350, App. C\) as a result of the 1991 amend-)Tj T* 0.07 Tw (ments to the Motor Carrier Safety Act, many states)Tj /F14 1 Tf 24.3576 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.07 Tw [( rules significantly differed from)]TJ -24.5616 -0.9875 TD 0.0925 Tw (the Federal Motor Carrier Safety Regulations for intrastate-only commercial vehicle)Tj T* 0.2225 Tw (operations. For example, medical standards in many states are lower for in-state)Tj T* 0.2175 Tw (CDLs. Also, a number of states have more liberal hours-of-service rules than the)Tj T* 0.2125 Tw (Federal requirements, such as permitting drivers to operate trucks and buses for)Tj T* 0.2525 Tw (up to 12 continuous hours instead of 10 hours, the interstate limit. In some in-)Tj T* 0.195 Tw (stances, statewide operations in larger states allowing longer driving hours result)Tj T* 0.0575 Tw (in longer trips and more annual vehicle-miles-traveled than some regional interstate)Tj T* 0.0525 Tw (carriers accrue in their operations traversing two or three northeastern states.)Tj 1 -0.9875 TD 0.055 Tw (Congress has made it clear in successive hazardous materials transportation reau-)Tj -1 -0.9875 TD 0.19 Tw (thorization acts that it expects the U.S. Department of Transportation to conform)Tj T* 0.125 Tw (intrastate hazardous materials truck transport to the Federal Hazardous Materials)Tj T* 0.18 Tw (Regulations issued by the Research and Special Programs Administration \(RSPA\).)Tj T* 0.1675 Tw (In fact, RSPA just this past year adopted new regulations requiring hazmat truck)Tj T* 0.12 Tw (movements to comply with the Federal safety rules, save for a few exceptions care-)Tj T* 0.1375 Tw (fully crafted to reduce burdens on farmers and small businesses using small quan-)Tj T* 0.0525 Tw (tities of materials of trade.)Tj 1 -0.9875 TD 0.0825 Tw (If it is important to reduce risks to public safety from all hazmat incidents on our)Tj -1 -0.9875 TD 0.1 Tw (highways, we think Congress should take a careful look at reducing the public)Tj /F14 1 Tf 37.3335 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1 Tw (s ex-)Tj -37.5374 -0.9875 TD 0.1125 Tw (posure to the increased risks of crashes resulting from intrastate safety regulations)Tj T* 0.17 Tw (which often are not as stringent as the Federal Motor Carrier Safety Regulations.)Tj T* 0.12 Tw (Let me emphasize again that in small vehicle-big truck fatal crashes, 98 percent of)Tj T* 0.0875 Tw (the deaths are suffered by the occupants of the passenger vehicles. This means that)Tj T* 0.2225 Tw (more than 2,000 fatalities may result from truck-car crashes with intrastate-only)Tj T* 0.1775 Tw (motor carriers. We strongly encourage Congress to adopt a provision directing the)Tj T* 0.2625 Tw (Secretary to conduct public rulemaking on whether the deviations by the States)Tj T* 0.1725 Tw (from federal interstate safety standards pose a safety threat that should be elimi-)Tj T* 0 Tw (nated.)Tj /F9 1 Tf 2 -1.5 TD ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Commercial Driver License.)Tj -2.015 -1.5 TD 0.105 Tw (Another important safety area which needs legislative attention in this bill is the)Tj -1 -1 TD 0.17 Tw (extension of the CDL to drivers of commercial vehicles in interstate commerce be-)Tj T* 0.14 Tw (tween 10,001 and 26,000 pounds gross vehicle weight. S. 1501 pays close attention)Tj T* 0.1025 Tw (to refining the CDL system, but these changes, if enacted, will increase the already)Tj T* 0.1525 Tw (considerable differences between the CDL program and the requirements and pen-)Tj T* 0.0525 Tw (alties applying to drivers of big trucks below 26,000 pounds.)Tj 1 -1 TD 0.235 Tw (When Congress enacted the CDL program in 1986, part of the reason for con-)Tj -1 -1 TD 0.06 Tw (fining CDLs to for-hire carriers of passengers and to private and for-hire freight car-)Tj T* 0.1575 Tw (riers above 26,000 pounds was simply the burden involved in asking the States to)Tj T* 0.42 Tw (implement across-the-board CDL systems for all commercial vehicles weighing)Tj T* 0.2275 Tw (10,001 pounds or more. Also, in that era, single-unit trucks in the 10,000-26,000)Tj T* 0.0625 Tw (pounds commercial vehicle segment were responsible for a smaller portion of the an-)Tj T* 0.0525 Tw (nual crash deaths and injuries compared with trucks more than 26,000 pounds.)Tj 1 -1 TD 0.15 Tw (In recent years, however, single-unit trucks in the lower weight range have con-)Tj -1 -1 TD 0.095 Tw (tributed disproportionately to the annual truck crash death toll. In fact, fatality fig-)Tj T* 0.0575 Tw (ures for 1997 and 1998 show that nearly one-third of all deaths in large truck crash-)Tj T* 0.065 Tw (es involve single-unit trucks. Many of these trucks are in interstate commerce, espe-)Tj T* 0.1125 Tw (cially on a regional service basis, yet the disparity of the licensing approaches used)Tj T* 0.07 Tw (by many States between their CDL requirements and non-CDL licenses for commer-)Tj T* 0.1325 Tw (cial vehicles in the lower weight range are even more glaring when compared with)Tj T* 0.0525 Tw (pending proposals to further strengthen the CDL system.)Tj 1 -1 TD 0.1375 Tw (For example, many states do not even issue a special truck license for drivers of)Tj -1 -1 TD 0.0825 Tw (single-unit trucks in the lower weight range or require these drivers to meet special)Tj T* 0.055 Tw (safety standards. Apart from the medical qualification under federal regulations, the)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00047)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 161 0 obj <>/ExtGState<>>> endobj 162 0 obj <> endobj 163 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (44)Tj 8 0 0 8 147 643 Tm 0.1625 Tw (States do not have to require drivers of trucks between 10,000 and 26,000 pounds)Tj 0 -0.9875 TD 0.0525 Tw (to take specific knowledge and skills tests. Furthermore, even though federal regula-)Tj T* 0.2125 Tw (tions prohibit any driver of any commercial motor vehicle in interstate commerce)Tj T* 0.1225 Tw (from having more than one driver license, only the CDL program for vehicles more)Tj T* 0.105 Tw (than 26,000 pounds contains the safeguards for preventing multiple license acquisi-)Tj T* 0.185 Tw (tion. And, last, the real paradox is that the weight range division between trucks)Tj T* 0.115 Tw (above and below the 26,000 pound threshold is essentially arbitrary. This arbitrary)Tj T* 0.1325 Tw (division has been made even more acute by FHWA)Tj /F14 1 Tf 24.5066 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1325 Tw (s recent amendment to the fed-)Tj -24.7106 -0.9875 TD 0.205 Tw (eral regulations which now makes actual on-the-road weight)Tj /F14 1 Tf 29.4376 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.205 Tw (and not the weight)Tj /F22 1 Tf -30.4376 -0.9875 TD 0 Tw (rating )Tj /F18 1 Tf 3.2665 0 TD 0.1375 Tw (assigned by a vehicle manufacturer)Tj /F14 1 Tf 16.9397 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.1375 Tw (the basis for whether a vehicle is or is)Tj -21.2062 -0.9875 TD 0.0725 Tw (not to be regarded as a commercial motor vehicle subject to the Federal Motor Vehi-)Tj T* 0.0525 Tw (cle Safety Standards.)Tj 1 -0.9875 TD 0.1425 Tw (The bottom line is that there are hundreds of thousands of single-unit trucks on)Tj -1 -0.9875 TD 0.2575 Tw (the road right now that are more than 26,000 pounds whose drivers must have)Tj T* 0.1775 Tw (CDLs. But there are hundreds of thousands of single-unit trucks which fall below)Tj T* 0.0625 Tw (26,000 pounds, sometimes only by small margins, whose drivers do not have to meet)Tj T* 0.1825 Tw (any of the standards or suffer the same penalties for federal violations prescribed)Tj T* 0.0525 Tw (for CDL holders.)Tj 1 -0.9875 TD 0.115 Tw (This simply makes no sense. Given the disproportionate rise in single-unit truck-)Tj -1 -0.9875 TD 0.075 Tw (related crash deaths over the past several years, Congress needs to consider extend-)Tj T* 0.0875 Tw (ing the CDL requirements below 26,000 pounds for commercial drivers in interstate)Tj T* 0.235 Tw (commerce. If the rules for a CDL are going to be tightened, the safety payoff of)Tj T* 0.24 Tw (stronger standards for commercial drivers of vehicles between 10,000 and 26,000)Tj T* 0.095 Tw (pounds also need to be addressed. The best way, now that we all have seen the tre-)Tj T* 0.105 Tw (mendous benefits of the CDL, is simply to extend the CDL program throughout the)Tj T* 0.0525 Tw (entire range of interstate commercial drivers.)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (North American Free Trade Agreement Truck Safety.)Tj -2.015 -1.4875 TD 0.0975 Tw (Advocates continues to be very disturbed about the lack of concerted effort by the)Tj -1 -0.9875 TD 0.095 Tw (Department of Transportation to deal with the serious, pervasive foreign motor car-)Tj T* 0.1675 Tw (rier safety violations occurring especially at our southern border. One of the prob-)Tj T* 0.1925 Tw (lems in dealing with this in an effective and timely manner appears to be a lack)Tj T* 0.1625 Tw (of focused resources and personnel in the Department to put a well-crafted border)Tj T* 0.165 Tw (safety plan into operation. There are several offices and individuals spread among)Tj T* 0.1925 Tw (the modal administrations and in the Secretary)Tj /F14 1 Tf 23.1577 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1925 Tw (s office which have been assigned)Tj -23.3617 -0.9875 TD 0.265 Tw (duties to improve border safety, including customs interdiction, criminal law en-)Tj T* 0.1 Tw (forcement, and motor carrier safety inspection. Congress should take a hard look at)Tj T* 0.155 Tw (whether a single, focused resource)Tj /F14 1 Tf 16.4708 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.155 Tw (perhaps a single office)Tj /F14 1 Tf 10.7428 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.155 Tw (in one location should)Tj -29.2136 -0.9875 TD 0.18 Tw (be created in the Department and charged specifically with the sole responsibility)Tj T* 0.1 Tw (of taking actions to rapidly improve commercial vehicle safety at our borders. Right)Tj T* 0.175 Tw (now, it seems as if almost everybody is responsible for some aspect of commercial)Tj T* 0.2225 Tw (motor vehicle border safety which, in the end, means that there really is no one)Tj 0 -1 TD 0.1325 Tw (whose sole job is to ensure quick improvement of border safety inspections. We be-)Tj T* 0.1675 Tw (lieve that Congress should consider directing the Secretary to collect the expertise)Tj T* 0.2375 Tw (and resources spread throughout the Department dealing with border safety and)Tj T* 0.105 Tw (house them in a single office, give them targeted goals to achieve in a time certain,)Tj T* 0.1825 Tw (and hold them accountable when those goals are not met. Without this, the same)Tj T* 0.0825 Tw (diffuse, indeterminate response to commercial vehicle safety violations at our south-)Tj T* 0.0525 Tw (ern border seems certain to continue.)Tj /F9 1 Tf 2 -1.5 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Dual Mandate for Federal Motor Carrier Regulation and Enforcement.)Tj -2.015 -1.5 TD 0.06 Tw (Even strong provisions in final legislation mandating comprehensive motor carrier)Tj -1 -1 TD 0.1575 Tw (safety reforms can be undermined if a )Tj /F14 1 Tf 18.8992 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1575 Tw (dual mandate)Tj /F14 1 Tf 6.5664 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1575 Tw [( is established by law. By a)]TJ /F14 1 Tf -26.2816 -1 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0925 Tw (dual mandate)Tj /F14 1 Tf 6.5014 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0925 Tw [( I mean legal permission for or direction to a new federal motor car-)]TJ -7.3174 -1 TD 0.1175 Tw (rier safety agency to place safety policies and actions in the scales and weigh them)Tj T* 0.0775 Tw (against the productivity or economic interests of the industry. This kind of dual role)Tj T* 0.155 Tw (blunts the possibility of federal safety regulators choosing policies which maximize)Tj T* 0.13 Tw (safety improvements. I cannot emphasize enough how important it is in legislating)Tj T* 0.135 Tw (any new approach to federal motor carrier oversight to avoid underwriting this de-)Tj T* 0.15 Tw (structive approach to safety stewardship and, instead, to ensure that the sole mis-)Tj T* 0.0825 Tw (sion of federal motor carrier oversight is safety enhancement. This is the reason the)Tj T* 0.125 Tw (Bureau of Motor Carrier Safety \(now OMC\) was removed from the Interstate Com-)Tj T* 0.1775 Tw (merce Commission \(ICC\) in 1966 and placed in the U.S. Department of Transpor-)Tj T* 0 Tw (tation.)Tj /F9 1 Tf 2 -1.5 TD ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Findings and Purposes.)Tj -2.015 -1.5 TD 0.2225 Tw (I would also like to support the addition of a strong preliminary section for S.)Tj -1 -1 TD 0.075 Tw (1501 stressing both general and specific actions that need to be taken by a reinvigo-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00048)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 164 0 obj <>/ExtGState<>>> endobj 165 0 obj <> endobj 166 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (45)Tj 8 0 0 8 147 643 Tm 0.095 Tw (rated federal motor carrier safety agency to achieve big reductions in truck and bus)Tj 0 -0.9875 TD 0.2025 Tw (crashes, deaths, and injuries. The kind of legislative direction provided in a well-)Tj T* 0.26 Tw (crafted findings and purposes section can have a substantial, positive impact on)Tj T* 0.105 Tw (agency behavior. For example, the most recent hazardous materials reauthorization)Tj T* 0.1075 Tw (act contained strong, directive language for guiding the regulatory initiatives of the)Tj T* 0.26 Tw (Research and Special Programs Administration, particularly in conforming intra-)Tj T* 0.3275 Tw (state hazardous materials surface transportation more closely with the require-)Tj T* 0.0525 Tw (ments of the Federal Hazardous Materials Regulations.)Tj 1 -0.9875 TD 0.095 Tw (Section 2 of H.R. 2679 contains exactly the kind of legislated guideposts for agen-)Tj -1 -0.9875 TD 0.26 Tw (cy observance which produce much more impact on and control over subsequent)Tj T* 0.1275 Tw (strategic planning, problem identification, and policy choices than stating the same)Tj T* 0.08 Tw (ideas in accompanying report language. Advocates endorses adoption of Section 2 as)Tj T* 0.1025 Tw (the preface for S. 1501 because it epitomizes the basic failures of federal motor car-)Tj T* 0.1725 Tw (rier safety oversight and sets forth the central issues that need primary attention)Tj T* 0.175 Tw (by federal safety regulators. In this regard, Section 2 is very similar to important)Tj T* 0.1575 Tw (findings and purposes sections that have introduced the pivotally important Motor)Tj T* 0.0525 Tw (Carrier Safety Acts enacted in the 1980s.)Tj 1 -0.9875 TD 0.1425 Tw (That completes my testimony. I again want to express my deep thanks that this)Tj -1 -0.9875 TD 0.22 Tw (committee has confronted the serious problem of commercial motor vehicle safety)Tj T* 0.1975 Tw (head-on in this session. We support your efforts and we support your bill. I hope)Tj T* 0.1125 Tw (that the modest but essential suggestions I have made today can make your strong)Tj T* 0.12 Tw (bill even better. Advocates believes that these issues, which literally are matters of)Tj T* 0.2025 Tw (life and death, cannot be deferred to another session of Congress. We need a bill)Tj T* 0.155 Tw (enacted now. I am pleased to answer any questions you may have about my testi-)Tj T* 0 Tw (mony.)Tj 11.435 -1.9875 TD 0.0525 Tw (A Y)Tj 6.4 0 0 6.0958 252.5318 437.4999 Tm 0 Tw [(EAR)-412.5(OF)]TJ 8 0 0 8 280.9222 437.4999 Tm (D)Tj 6.4 0 0 6.0958 287.1461 437.4999 Tm [(ISCUSSION)-412.5(AND)]TJ 8 0 0 8 344.5797 437.4999 Tm (D)Tj 6.4 0 0 6.0958 350.8036 437.4999 Tm (EBATE)Tj 8 0 0 8 241.86 421.5999 Tm (T)Tj 6.4 0 0 6.0958 247.1959 421.5999 Tm [(IME)-412.5(FOR)]TJ 8 0 0 8 279.6119 421.5999 Tm (D)Tj 6.4 0 0 6.0958 285.8358 421.5999 Tm [(ECISIONS)-412.5(AND)]TJ 8 0 0 8 338.6422 421.5999 Tm (A)Tj 6.4 0 0 6.0958 344.4181 421.5999 Tm (CTIONS)Tj 8 0 0 8 147 408.7 Tm 0.235 Tw (In June, 1998, Rep. Frank Wolf \(R-VA\), Chair of the House Appropriations Sub-)Tj 0 -0.9875 TD 0.1425 Tw (committee on Transportation, proposed moving the Office of Motor Carriers \(OMC\))Tj T* 0.0925 Tw (from the Federal Highway Administration \(FHWA\) to the National Highway Traffic)Tj T* 0.375 Tw (Safety Administration \(NHTSA\) in the FY 1999 Department of Transportation)Tj T* 0.2375 Tw (\(DOT\) Appropriations bill. This proposal was strongly endorsed by more than 40)Tj T* 0.215 Tw (consumer, health, safety, victims, medical and insurance organizations because of)Tj T* 0.085 Tw (the failed performance of OMC in stemming the rise in truck-related deaths and in-)Tj T* 0.285 Tw (juries, the unprecedented drop in truck inspections and compliance reviews, the)Tj T* 0.215 Tw (abysmal record of ignoring serious safety violations and levying inadequate fines,)Tj T* 0 Tw (OMC)Tj /F14 1 Tf 2.444 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.185 Tw (s insufficient or nonexistent data collection systems, and the failure to issue)Tj -2.648 -0.9875 TD 0.0525 Tw (federal safety standards including those mandated by Congress.)Tj 0 -1.4875 TD (In the past year there have been:)Tj /F9 1 Tf 2 -1.4875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1325 Tw (Two critical DOT Inspector General reports and a General Accounting Office)Tj -1.015 -0.9875 TD 0.0525 Tw (\(GAO\) report documenting OMC failures;)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.085 Tw (A half dozen major Congressional hearings, involving more than 50 witnesses)Tj -1.015 -0.9875 TD 0.115 Tw (from government, industry, law enforcement, labor, insurance, health and safe-)Tj T* 0.0525 Tw (ty organizations;)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.2225 Tw (A three-day investigation of motor carrier safety programs by the National)Tj -1.015 -0.9875 TD 0.0525 Tw (Transportation Safety Board \(NTSB\) involving more than 80 participants;)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Two plans offered up by the DOT;)Tj /F9 1 Tf -1.015 -0.9875 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.135 Tw (A 90-day review of OMC and consultations with more than 25 groups at the)Tj -1.015 -0.9875 TD 0.22 Tw (request of Secretary Slater, resulting in a plan recommended by former Rep.)Tj T* 0.0525 Tw (Norm Mineta;)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.07 Tw (Countless discussions and meetings among the various stakeholders convened)Tj -1.015 -1 TD 0.0525 Tw (by Rep. Wolf, former Rep. Mineta, and NTSB;)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Two workshops held by DOT in the summer of 1999.)Tj -2.015 -1.5 TD 0.1525 Tw (The following chronology demonstrates that there has been plenty of debate and)Tj -1 -1 TD 0.0525 Tw (discussion about proposals and now it)Tj /F14 1 Tf 17.7462 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s time for decision-making and actions.)Tj /F22 1 Tf -16.9502 -1 TD 0.1475 Tw (June, 1998: )Tj /F18 1 Tf 5.9079 0 TD (Rep. Frank Wolf includes a provision in the FY 1999 DOT spending)Tj -6.9079 -1 TD 0.0525 Tw (bill to transfer OMC to NHTSA.)Tj /F22 1 Tf 1 -1 TD 0.1025 Tw (October, 1998: )Tj /F18 1 Tf 7.0589 0 TD (Trucking interests succeed in stripping the transfer provision from)Tj -8.0589 -1 TD 0.0525 Tw (the FY 1999 DOT spending bill.)Tj /F22 1 Tf 1 -1 TD 0.1775 Tw (January 14, 1999: )Tj /F18 1 Tf 9.1834 0 TD (U.S. DOT Inspector General investigation reveals that senior)Tj -10.1834 -1 TD 0.0975 Tw (OMC staff improperly worked with trucking interests to lobby Congress against the)Tj T* 0.1475 Tw (transfer and that the actions of some senior staff of OMC foster at a minimum an)Tj T* 0.1975 Tw (appearance that OMC does not have the )Tj /F14 1 Tf 20.2732 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1975 Tw (arms length)Tj /F14 1 Tf 5.7904 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1975 Tw [( relationship called for be-)]TJ -26.8796 -1 TD 0.0525 Tw (tween government safety regulators and the industry.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00049)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 167 0 obj <>/ExtGState<>>> endobj 168 0 obj <> endobj 169 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (46)Tj /F22 1 Tf 8 0 0 8 155 643 Tm 0.21 Tw (February 2, 1999: )Tj /F18 1 Tf 9.0399 0 TD (Rep. Wolf introduces HR 507, legislation to transfer OMC to)Tj -10.0399 -0.9875 TD 0 Tw (NHTSA.)Tj /F22 1 Tf 1 -0.9875 TD 0.28 Tw (February, 1999-April, 1999: )Tj /F18 1 Tf 13.9168 0 TD (Rep. Wolf convenes a series of meetings involving)Tj -14.9168 -0.9875 TD 0.0525 Tw (DOT, trucking interests, law enforcement and safety groups on strategies to improve)Tj T* (motor carrier safety programs.)Tj /F22 1 Tf 1 -0.9875 TD (February 11, 1999: )Tj /F18 1 Tf 9.1234 0 TD (The House Transportation and Infrastructure Committee holds)Tj -10.1234 -0.9875 TD (the first in a series of hearings on the OMC with three witnesses from DOT.)Tj /F22 1 Tf 1 -0.9875 TD 0.2 Tw (February, 1999: )Tj /F18 1 Tf 7.9759 0 TD (Former Rep. Mineta is requested by Secretary Slater to under-)Tj -8.9759 -0.9875 TD 0.0925 Tw (take an independent review of motor carrier safety, functions and operations within)Tj T* 0 Tw (DOT.)Tj /F22 1 Tf 1 -0.9875 TD 0.25 Tw (February 23, 1999: )Tj /F18 1 Tf 9.7159 0 TD (The House Appropriations Subcommittee on Transportation)Tj -10.7159 -0.9875 TD 0.135 Tw (holds hearings on motor carrier safety with 16 witnesses representing government,)Tj T* 0.29 Tw (victims, safety, insurance and trucking interests. The General Accounting Office)Tj T* 0.275 Tw (\(GAO\) testifies that OMC activities to reduce fatalities are likely to have )Tj /F14 1 Tf 37.1195 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (little)Tj -37.5275 -0.9875 TD 0.18 Tw (short-term effect)Tj /F14 1 Tf 7.9189 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.18 Tw (, and that projected increases in truck traffic are likely to result)Tj -8.3269 -0.9875 TD 0.0525 Tw (in more than 6,000 truck related fatalities in the year 2000.)Tj /F22 1 Tf 1 -0.9875 TD 0.1075 Tw (March 12, 1999: )Tj /F18 1 Tf 8.0654 0 TD (The first motor carrier safety plan is proposed by OMC with the)Tj -9.0654 -0.9875 TD 0.0525 Tw (issuance of a draft )Tj /F14 1 Tf 8.9699 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0525 Tw (Safety Action Plan)Tj /F14 1 Tf 8.7359 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0525 Tw [( covering 1999-2003.)]TJ /F22 1 Tf -17.5217 -0.9875 TD 0.1875 Tw (March 17, 1999: )Tj /F18 1 Tf 8.3054 0 TD (The House Transportation and Infrastructure Committee holds)Tj -9.3054 -0.9875 TD 0.0525 Tw (a second oversight hearing on motor carrier safety programs.)Tj /F22 1 Tf 1 -0.9875 TD 0.375 Tw (March 25-26, 1999: )Tj /F18 1 Tf 10.3129 0 TD (The House Transportation and Infrastructure Committee)Tj -11.3129 -0.9875 TD 0.0525 Tw (holds additional hearings on motor carrier safety programs.)Tj /F22 1 Tf 1 -0.9875 TD 0.125 Tw (April 14-16, 1999: )Tj /F18 1 Tf 8.9339 0 TD (The National Transportation Safety Board \(NTSB\) holds three)Tj -9.9339 -0.9875 TD 0.115 Tw (days of hearings on truck and bus safety involving more than 80 experts, including)Tj T* 0.3125 Tw (OMC staff, industry representatives, victims, insurance and safety groups high-)Tj T* 0.1025 Tw (lighting serious deficiencies in OMC)Tj /F14 1 Tf 17.1317 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw (s data collection, inspections, research and reg-)Tj -17.3357 -0.9875 TD 0.0525 Tw (ulatory programs.)Tj /F22 1 Tf 1 -0.9875 TD 0.0675 Tw (April 26, 1999: )Tj /F18 1 Tf 7.3164 0 TD (A second report is issued by the U.S. DOT Office of Inspector Gen-)Tj -8.3164 -0.9875 TD 0.215 Tw (eral at the request of the Congress to determine the effectiveness of OMC safety)Tj T* 0.125 Tw (programs. The major conclusions are that OMC programs are not sufficiently effec-)Tj T* 0.0525 Tw (tive and enforcement activities do not adequately deter noncompliance.)Tj /F22 1 Tf 1 -0.9875 TD 0.2525 Tw (April 27, 1999: )Tj /F18 1 Tf 7.8714 0 TD (The Senate Commerce, Science, and Transportation Committee)Tj -8.8714 -0.9875 TD 0.0525 Tw (holds oversight hearings on motor carrier safety and hears testimony from eight wit-)Tj T* (nesses on the necessary steps to improve safety.)Tj /F22 1 Tf 1 -0.9875 TD 0.135 Tw (May 25, 1999: )Tj /F18 1 Tf 7.1489 0 TD (A second plan of action is announced by Sec. Slater and Adminis-)Tj -8.1489 -0.9875 TD 0.235 Tw (trator Ken Wykle to improve motor carrier safety. The announcement includes a)Tj T* 0.16 Tw (goal of achieving a 50% reduction in truck crash fatalities over the next ten years)Tj T* 0.0525 Tw (and outlines key components of a safety plan.)Tj /F22 1 Tf 1 -0.9875 TD 0.0675 Tw (May 26, 1999: )Tj /F18 1 Tf 6.9464 0 TD (At the request of DOT, another plan of action is unveiled by former)Tj -7.9464 -0.9875 TD 0.09 Tw (Rep. Norm Mineta including the results of his review of the OMC and details about)Tj T* 0.0775 Tw (specific actions, strategies and recommendations to the U.S. DOT for reducing truck)Tj 0 -1 TD 0.1425 Tw (related deaths and injuries. Rep. Mineta)Tj /F14 1 Tf 19.4362 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1425 Tw (s efforts involved three roundtable discus-)Tj -19.6402 -1 TD 0.1625 Tw (sions with 14 different stakeholder groups and meetings with 11 other individuals)Tj T* 0.085 Tw (and groups. DOT also reveals in testimony before the House Transportation and In-)Tj T* 0.135 Tw (frastructure Committee that the final truck fatality figure for 1997 is 5,398, an in-)Tj T* 0.0525 Tw (crease of 43 deaths from preliminary FARS fatalities indicating 5,355 deaths.)Tj /F22 1 Tf 1 -1 TD 0.0775 Tw (May 27, 1999: )Tj /F18 1 Tf 6.9764 0 TD (DOT announces )Tj /F14 1 Tf 7.8409 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0775 Tw (preliminary data)Tj /F14 1 Tf 7.9304 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0775 Tw [( on 1998 motor vehicle fatalities)]TJ -24.5636 -1 TD 0.1475 Tw (and injuries. Fatalities associated with large trucks dropped only 1.8%, from 5,398)Tj T* 0.2975 Tw (in 1997 to an estimated 5,302 in 1998. However, injuries associated with large)Tj T* 0.0525 Tw (trucks jumped by 6% \(from 133,000 in 1997 to 141,000 in 1998\).)Tj /F22 1 Tf 1 -1 TD 0.105 Tw (June 23, 1999: )Tj /F18 1 Tf 7.3179 0 TD (The House adopts HR 2084, the FY 2000 DOT Appropriations bill)Tj -8.3179 -1 TD 0.245 Tw (including a provision which prohibits funding of OMC activities, including a $70)Tj T* 0.0525 Tw (million increase, unless it is transferred from FHWA.)Tj /F22 1 Tf 1 -1 TD 0.0775 Tw (July 14-15 and August 3-4, 1999: )Tj /F18 1 Tf 16.0248 0 TD (DOT holds workshops on the future of the Com-)Tj -17.0248 -1 TD 0.2325 Tw (mercial Motor Vehicle Industry to design long-term strategies for DOT, industry,)Tj T* 0.0525 Tw (labor and others on )Tj /F14 1 Tf 9.4519 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0525 Tw (dramatically increasing safety in the trucking industry)Tj /F14 1 Tf 25.7606 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (.)Tj /F22 1 Tf -35.0285 -1 TD 0.165 Tw (August 3, 1999: )Tj /F18 1 Tf 7.9239 0 TD (House Transportation and Infrastructure Chair, Ranking Demo-)Tj -8.9239 -1 TD 0.12 Tw (crat and other senior members hold a press conference to introduce the Motor Car-)Tj T* 0.1575 Tw (rier Safety Act of 1999. The bill creates a new separate modal administration, the)Tj T* 0.07 Tw (National Motor Carrier Administration. Safety groups object to provision giving new)Tj T* 0.085 Tw (agency a dual mandate of safety and industry promotion. Provision is dropped. Rep.)Tj T* 0.1025 Tw (Shuster \(R-PA\) introduces by request HR 2682, the Administration)Tj /F14 1 Tf 31.8585 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw (s proposal to re-)Tj -32.0625 -1 TD 0.0525 Tw (form motor carrier safety.)Tj /F22 1 Tf 1 -1 TD 0.205 Tw (August 4, 1999: )Tj /F18 1 Tf 8.0439 0 TD (The House Transportation and Infrastructure Subcommittee on)Tj -9.0439 -1 TD 0.19 Tw (Ground Transportation marks-up HR 2679, the Motor Carrier Safety Act of 1999.)Tj /F22 1 Tf 1 -1 TD 0.155 Tw (August 5, 1999: )Tj /F18 1 Tf 7.8939 0 TD (Senator John McCain \(R-AZ\), Chair, Senate Commerce, Science,)Tj -8.8939 -1 TD 0.2575 Tw (and Transportation Committee, introduces S 1501, the Motor Carrier Safety Im-)Tj T* 0.17 Tw (provement Act of 1999. The bill creates a new separate modal administration, the)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00050)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 170 0 obj <>/ExtGState<>>> endobj 171 0 obj <> endobj 172 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (47)Tj 8 0 0 8 147 643 Tm 0.095 Tw (Motor Carrier Safety Administration, requires OMC to implement the recommenda-)Tj 0 -1 TD 0.1775 Tw (tions of the U.S. DOT Inspector General and gives NHTSA responsibility for data)Tj T* 0.055 Tw (collection and issuing retrofit safety rules for commercial motor vehicles on the road.)Tj T* 0.14 Tw (The House Transportation and Infrastructure full committee marks-up and reports)Tj T* 0.0925 Tw (out HR 2679. Senator Frank Lautenberg \(D-NJ\) introduces S 1559, the Administra-)Tj T* 0 Tw (tion)Tj /F14 1 Tf 1.815 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s proposal to reform motor carrier safety.)Tj /F22 1 Tf -1.019 -1 TD 0.3125 Tw (September 29, 1999: )Tj /F18 1 Tf 10.4774 0 TD (The Senate Commerce, Science, and Transportation Sub-)Tj -11.4774 -1 TD 0.1575 Tw (committee on Surface Transportation and Merchant Marine, holds a hearing on S.)Tj T* 0.0525 Tw (1501, the Motor Carrier Safety Improvement Act of 1999.)Tj 10 0 0 10 157 565.0001 Tm 0.052 Tw (Senator H)Tj 8 0 0 7.6194 204.9293 565.0001 Tm 0 Tw (UTCHISON)Tj 10 0 0 10 250.2646 565.0001 Tm 0.052 Tw (. Thank you.)Tj -9.3265 -1 TD 0.142 Tw (I do want to pursue at some point the agencies coming together)Tj -1 -1 TD 0.092 Tw (for border control. Because I see it just in Customs and Border Pa-)Tj T* 0.188 Tw (trol and not having enough coordination there. And of course, in-)Tj T* 0.084 Tw (spections by Customs are a very important component of safety. So)Tj T* 0.232 Tw (I do think more coordination and a bigger picture on the border)Tj T* 0.052 Tw (would be very helpful.)Tj 1 -1 TD 0.186 Tw (I would like to call on Mr. Ken Bryant, representing the Inter-)Tj -1 -1 TD 0.3 Tw (national Brotherhood of Teamsters, a member of the Teamsters)Tj T* 0.294 Tw (Local 745 in Dallas, and just say that I have worked with the)Tj T* 0.066 Tw (Teamsters on truck safety issues for over 8 years now, and I appre-)Tj T* 0.142 Tw (ciate that effort that they have made and the focus they have put)Tj T* 0.098 Tw (on truck safety. It has been a very important component of our de-)Tj T* 0.052 Tw (liberations on this bill. I welcome you.)Tj /F21 1 Tf 9 0 0 9 147 415.0001 Tm 0.86 Tw (STATEMENT OF KEN BRYANT, TEAMSTERS LOCAL 745,)Tj 1 -1.1111 TD 1.1356 Tw (DALLAS, TEXAS, INTERNATIONAL BROTHERHOOD OF)Tj T* 0 Tw (TEAMSTERS)Tj /F18 1 Tf 10 0 0 10 157 381.0001 Tm 0.052 Tw (Mr. B)Tj 8 0 0 7.6194 184.1796 381.0001 Tm 0 Tw (RYANT)Tj 10 0 0 10 213.2191 381.0001 Tm 0.052 Tw (. Thank you, Madam Chair.)Tj -5.6219 -1 TD 0.088 Tw (Madam Chair and members of the Subcommittee, I am Ken Bry-)Tj -1 -1 TD 0.196 Tw (ant, Business Agent for Teamsters Local 745, which is located in)Tj T* 0.082 Tw (Dallas, Texas. I have been employed as a truck driver for 20 years,)Tj T* 0.106 Tw (the last 11 as a Teamster. It is within the last 2 years that I have)Tj T* 0.052 Tw (joined the administrative staff of Local 745.)Tj 1 -1 TD 0.06 Tw (I am pleased to appear today before this subcommittee, and espe-)Tj -1 -1 TD 0.128 Tw (cially my home State Senator, on behalf of 1.4 million members of)Tj T* 0.156 Tw (the Teamsters Union and the hundreds of thousands of our mem-)Tj T* 0.052 Tw (bers who literally make their living on our Nation)Tj /F14 1 Tf 23.4566 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.052 Tw (s highways.)Tj -22.6606 -1 TD 0.204 Tw (The Teamsters Union has taken a serious interest in the work)Tj -1 -1 TD 0.302 Tw (that Congress, and in particular this Subcommittee, has under-)Tj T* 0.16 Tw (taken to address the problems that have been identified in recent)Tj T* 0.14 Tw (months at the Office of Motor Carriers and Highway Safety. Now,)Tj T* 0.126 Tw (as this Subcommittee moves forward with hearings concerning the)Tj T* 0.332 Tw (legislation that Senator McCain introduced, S. 1501, the Motor)Tj T* 0.216 Tw (Carrier Safety Improvement Act of 1999, we are pleased to have)Tj T* 0.052 Tw (the opportunity to share our views on this legislation.)Tj 1 -1 TD 0.228 Tw (In general, we believe that S. 1501 will go a long way toward)Tj -1 -1 TD 0.16 Tw (strengthening motor carrier safety. The bill emphasizes better en-)Tj T* 0.316 Tw (forcement of current regulations, calls for increased inspections,)Tj T* 0.262 Tw (compliance reviews, makes significant improvements to the com-)Tj T* 0.144 Tw (mercial driver)Tj /F14 1 Tf 6.6989 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.144 Tw (s license program and data collection activities, and)Tj -6.9029 -1 TD 0.094 Tw (addresses other weaknesses in the OMC)Tj /F14 1 Tf 19.1377 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.094 Tw (s motor carrier safety pro-)Tj -19.3417 -1 TD 0.052 Tw (gram through structural reforms.)Tj 1 -1 TD (The Teamsters Union now believes that the right approach to im-)Tj -1 -1 TD 0.118 Tw (proving motor carrier safety is the establishment of a separate ad-)Tj T* 0.076 Tw (ministration. Senator McCain)Tj /F14 1 Tf 14.0048 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.076 Tw (s bill would create that new adminis-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00051)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 173 0 obj <>/ExtGState<>>> endobj 174 0 obj <> endobj 175 0 obj <> endobj 176 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (48)Tj -15.344 -2 TD 0.136 Tw (tration which, in our view, is appropriately named the Motor Car-)Tj 0 -1 TD 0.1 Tw (rier Safety Administration. We believe that safety must be the pri-)Tj T* 0.252 Tw (mary mission of this agency. It is certainly logical to emphasize)Tj /F14 1 Tf T* 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (safety)Tj /F14 1 Tf 2.778 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.052 Tw [( in its title.)]TJ -2.5939 -1 TD 0.07 Tw (We also support other provisions in the bill. These include ensur-)Tj -1 -1 TD 0.076 Tw (ing the new administrator be appointed by the President, requiring)Tj T* 0.192 Tw (the Secretary of Transportation to implement the safety improve-)Tj T* 0.118 Tw (ment recommendations in the Inspector General)Tj /F14 1 Tf 23.0157 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.118 Tw (s April 26th audit)Tj -23.2197 -1 TD 0.158 Tw (report, and establishing a commercial motor carrier advisory com-)Tj T* 0 Tw (mittee.)Tj 1 -1 TD 0.326 Tw (In our written testimony, we have suggested additional ways)Tj -1 -1 TD 0.156 Tw (that motor carrier safety can be improved through this legislation)Tj T* 0.12 Tw (but, due to time constraints, my comments today will focus on one)Tj T* 0.162 Tw (issue that is a great concern to the Teamsters Union. That is the)Tj T* 0.052 Tw (issue of NAFTA cross-border trucking.)Tj 1 -1 TD 0.098 Tw (Madam Chair, in order to improve motor carrier safety, we must)Tj -1 -1 TD 0.084 Tw (not ignore the possibility of the pending invasion of unsafe and un-)Tj T* 0.172 Tw (qualified drivers coming across our border from Mexico under the)Tj T* 0.198 Tw (NAFTA cross-border trucking provisions. While we would assume)Tj T* (that increased funding levels in S. 1501 would filter down to the)Tj T* 0.268 Tw (border States and bolster a rather lackluster inspection and en-)Tj T* 0.086 Tw (forcement regime, there is no certainty of that occurring, especially)Tj T* 0.052 Tw (with the recent track record of the OMC.)Tj 1 -1 TD 0.064 Tw (Neither can one simply throw additional money at a problem and)Tj -1 -1 TD 0.156 Tw (expect a solution. While Congress should not micromanage a Fed-)Tj T* 0.2 Tw (eral department or agency, there are a number of directives that)Tj T* 0.246 Tw (a new agency can be given to help ensure that it addresses the)Tj T* 0.196 Tw (most serious threat to the future safety of our highways)Tj /F14 1 Tf 27.5426 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.196 Tw (that of)Tj -28.5426 -1 TD 0.22 Tw (unsafe Mexican trucks and unqualified drivers undoing whatever)Tj T* 0.186 Tw (gains the Congress intends to make with the creation of the new)Tj T* 0 Tw (agency.)Tj 1 -1 TD 0.168 Tw (One such directive is contained in H.R. 2679, the House Trans-)Tj -1 -1 TD 0.076 Tw (portation and Infrastructure Committee)Tj /F14 1 Tf 18.8197 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.076 Tw (s version of the Motor Car-)Tj -19.0237 -1 TD 0.17 Tw (rier Safety Act of 1999, which calls on the Secretary of Transpor-)Tj T* 0.104 Tw (tation to develop and implement appropriate staffing standards for)Tj T* 0.352 Tw (Federal and State motor carrier safety inspectors in the inter-)Tj T* 0.404 Tw (national border areas. Developing standards, volume of traffic,)Tj T* 0.07 Tw (hours of operation of the border facilities, types of commercial vehi-)Tj T* 0.238 Tw (cles and cargo, and delineation of responsibility between Federal)Tj T* 0.122 Tw (and State inspectors would be some of the issues to be considered.)Tj 1 -1 TD 0.134 Tw (This goes directly to the findings of the I.G. report, which noted)Tj -1 -1 TD 0.12 Tw (that Mexican trucks entering the U.S. through Arizona, New Mex-)Tj T* 0.218 Tw (ico and Texas are unlikely to be inspected, because those States)Tj /F14 1 Tf 31.5925 0 TD 0 Tw ()Tj /F18 1 Tf -31.5925 -1 TD 0.214 Tw (border crossings do not have sufficient inspectors on duty during)Tj T* 0.172 Tw (all commercial operating hours, and some border crossings do not)Tj T* 0.114 Tw (have any inspectors assigned. The report concluded that the place-)Tj T* 0.06 Tw (ment of adequate inspection resources at the Southern Border is an)Tj T* 0.114 Tw (essential control mechanism to ensure that Mexican trucks comply)Tj T* 0.052 Tw (with U.S. safety regulations.)Tj 1 -1 TD 0.116 Tw (The creation of an Office of International Affairs within the new)Tj -1 -1 TD 0.068 Tw (agency is another area where the McCain bill is less adequate than)Tj T* 0.16 Tw (its counterparts. The importance of possibly integrating another 4)Tj T* 0.212 Tw (million commercial motor vehicles from Mexico onto our highway)Tj T* 0.186 Tw (system and continuing a high level of safety in this country war-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00052)-1076.9(Fmt 6633)-1076.9(Sfmt 6601)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 177 0 obj <>/ExtGState<>>> endobj 178 0 obj <> endobj 179 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (49)Tj -15.344 -2 TD 0.144 Tw (rants a separate office to oversee this major facet of motor carrier)Tj 0 -1.01 TD 0.184 Tw (safety. The House bill contains such a provision, and we strongly)Tj T* 0.052 Tw (support its creation.)Tj 1 -1.01 TD 0.142 Tw (Last, the Teamsters Union is very concerned with evidence that)Tj -1 -1.01 TD 0.17 Tw (suggests that Mexican motor carriers are operating outside of the)Tj T* 0.354 Tw (currently permitted commercial zones. A letter sent to Senator)Tj T* 0.216 Tw (Shelby from the Inspector General shows that 68 Mexican motor)Tj T* 0.108 Tw (carriers are currently operating in 24 States, well beyond the com-)Tj T* 0.106 Tw (mercial zones, even though they are not authorized to do so. Many)Tj T* 0.052 Tw (of these States are represented by members of this panel.)Tj 1 -1.01 TD 0.106 Tw (What disturbs the Teamsters Union is that the DOT knew these)Tj -1 -1.01 TD 0.164 Tw (Mexican carriers were operating illegally in the U.S., and that no)Tj T* 0.052 Tw (enforcement actions, such as assessing fines and penalties or revok-)Tj T* 0.324 Tw (ing the carriers)Tj /F14 1 Tf 7.7769 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.324 Tw [( operating privileges in commercial zones, were)]TJ -7.9809 -1.01 TD 0.1 Tw (taken against them. We therefore urge the committee to include S.)Tj T* 0.108 Tw (1501 language to ensure that such actions are taken in the future.)Tj T* 0.052 Tw (I ask that this language be submitted for the record.)Tj 1 -1.01 TD (Senator B)Tj 8 0 0 7.6194 203.8193 469.3001 Tm 0 Tw (ROWNBACK)Tj 10 0 0 10 253.7385 469.3001 Tm 0.052 Tw (. Without objection.)Tj -9.6739 -1.01 TD 0.056 Tw (Mr. B)Tj 8 0 0 7.6194 184.2196 459.2001 Tm 0 Tw (RYANT)Tj 10 0 0 10 213.2592 459.2001 Tm 0.056 Tw (. Madam Chair, the serious safety issues surrounding)Tj -6.6259 -1.01 TD 0.232 Tw (cross-border trucking should raise deep concerns for the State of)Tj T* 0.186 Tw (Texas and your constituents, especially as we approach the dead-)Tj 0 -1 TD 0.168 Tw (line for opening the border to these unsafe Mexican trucks in the)Tj T* 0.078 Tw (year 2000. The Teamsters Union urge you and the members of this)Tj T* 0.292 Tw (Subcommittee to work with Senator McCain to include our rec-)Tj T* 0.142 Tw (ommendations regarding cross-border trucking in the final version)Tj T* 0.052 Tw (of the motor carrier safety bill.)Tj 1 -1 TD 0.168 Tw (Thank you, again, for providing me the opportunity to testify. I)Tj -1 -1 TD 0.052 Tw (would be happy to answer any questions that you may have.)Tj 1 -1 TD ([The prepared statement of Mr. Bryant follows:])Tj 8 0 0 8 156.92 343.0001 Tm 0 Tw (P)Tj 6.4 0 0 6.0958 162.2559 343.0001 Tm (REPARED)Tj 8 0 0 8 197.2479 343.0001 Tm (S)Tj 6.4 0 0 6.0958 202.2878 343.0001 Tm [(TATEMENT)-412.5(OF)]TJ 8 0 0 8 254.7422 343.0001 Tm (K)Tj 6.4 0 0 6.0958 260.9661 343.0001 Tm (EN)Tj 8 0 0 8 273.4428 343.0001 Tm (B)Tj 6.4 0 0 6.0958 279.2188 343.0001 Tm (RYANT)Tj 8 0 0 8 302.4507 343.0001 Tm 0.0525 Tw (, T)Tj 6.4 0 0 6.0958 312.6546 343.0001 Tm 0 Tw (EAMSTERS)Tj 8 0 0 8 352.1522 343.0001 Tm (L)Tj 6.4 0 0 6.0958 357.4881 343.0001 Tm (OCAL)Tj 8 0 0 8 378.6177 343.0001 Tm 0.0525 Tw (745, D)Tj 6.4 0 0 6.0958 403.0533 343.0001 Tm 0 Tw (ALLAS)Tj 8 0 0 8 424.8645 343.0001 Tm 0.0525 Tw (, T)Tj 6.4 0 0 6.0958 435.0683 343.0001 Tm 0 Tw (EXAS)Tj 8 0 0 8 452.8475 343.0001 Tm (,)Tj -29.0834 -1 TD (I)Tj 6.4 0 0 6.0958 223.4359 335.0001 Tm (NTERNATIONAL)Tj 8 0 0 8 280.5975 335.0001 Tm (B)Tj 6.4 0 0 6.0958 286.3734 335.0001 Tm [(ROTHERHOOD)-412.5(OF)]TJ 8 0 0 8 349.6118 335.0001 Tm (T)Tj 6.4 0 0 6.0958 354.9477 335.0001 Tm (EAMSTERS)Tj 8 0 0 8 147 322.0001 Tm 0.0525 Tw (Madam Chair and Members of the Committee:)Tj 1 -1 TD 0.1175 Tw (The International Brotherhood of Teamsters represents hundreds of thousands of)Tj -1 -1 TD 0.1925 Tw (workers who make their living on our nation)Tj /F14 1 Tf 21.9792 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1925 Tw (s roads, whether they are interstate)Tj -22.1832 -1 TD 0.1625 Tw (highways or city streets. Department of Labor statistics show that these transpor-)Tj T* 0.185 Tw (tation workers are employed in one of the most dangerous of all occupations, and)Tj T* 0.11 Tw (the Teamsters Union is very much committed to making their workplace as safe as)Tj T* 0.0525 Tw (any other jobsite.)Tj 1 -1 TD 0.195 Tw (We have taken a serious interest in the work that Congress and, in particular,)Tj -1 -1 TD 0.17 Tw (this Committee has undertaken to address the problems that have been identified)Tj T* 0.0575 Tw (in recent months at the Office of Motor Carriers and Highway Safety \(OMCHS\). The)Tj T* 0.185 Tw (fact that safety compliance reviews have decreased, Level 1 inspections are down,)Tj T* 0.1475 Tw (and prosecutions are at a 10-year low, while fatalities involving commercial trucks)Tj T* 0.2175 Tw (has remained somewhat stagnant over the last few years, points to the fact that)Tj T* 0.06 Tw (changes must be made to improve the functions of the agency. The Teamsters Union)Tj T* 0.165 Tw (has testified before the House Transportation and Infrastructure Subcommittee on)Tj T* 0.15 Tw (Ground Transportation \(3/25/99\) and the Senate Commerce, Science and Transpor-)Tj T* 0.2375 Tw (tation Committee \(4/27/99\) concerning the focus of motor carrier safety programs)Tj T* 0.0525 Tw (and the organizational structure of the OMCHS.)Tj 1 -1 TD 0.17 Tw (Now, as this Subcommittee moves forward with hearings concerning the legisla-)Tj -1 -1 TD 0.24 Tw (tion that Senator McCain has introduced, S. 1501, the Motor Carrier Safety Im-)Tj T* 0.1525 Tw (provement Act of 1999, we are pleased to have the opportunity to share our views)Tj T* 0.155 Tw (on this legislation and to suggest additional ways that motor carrier safety can be)Tj T* 0 Tw (improved.)Tj 6.4 0 0 6.0958 230.92 132.0001 Tm [(MOTOR)-412.5(CARRIER)-412.5(SAFETY)-412.5(ADMINISTRATION)]TJ 8 0 0 8 155 119.0001 Tm 0.1375 Tw (The discussion over the future of the Federal Highway Administration)Tj /F14 1 Tf 33.794 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1375 Tw (s \(FHWA\))Tj -34.998 -1 TD 0.1875 Tw (Office of Motor Carriers \(OMC\), which is responsible for monitoring the operation)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00053)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 180 0 obj <>/ExtGState<>>> endobj 181 0 obj <> endobj 182 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (50)Tj 8 0 0 8 147 643 Tm 0.2425 Tw (of commercial motor vehicles and their drivers, is not new. It first began in the)Tj 0 -1.0125 TD 0 Tw (1980)Tj /F14 1 Tf 2.224 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.17 Tw (s when the Ranking Member of this Committee, Senator Ernest Hollings, in-)Tj -2.428 -1.0125 TD 0.14 Tw (troduced legislation to create a new motor carrier administration. His purpose was)Tj T* 0.16 Tw (to promote organizational efficiency and enhance the effectiveness of motor carrier)Tj T* 0.23 Tw (safety. While no further action was taken on this legislation, it is clear that the)Tj T* 0.0525 Tw (problems plaguing the OMC in the 80)Tj /F14 1 Tf 17.7617 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0525 Tw (s still remain.)Tj -16.9657 -1.0125 TD 0.1725 Tw (This was most evident last fall when the Department of Transportation)Tj /F14 1 Tf 34.7485 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1725 Tw (s \(DOT\))Tj -35.9525 -1.0125 TD 0.065 Tw (Inspector General \(IG\), Kenneth Mead, released the findings of an investigation into)Tj T* 0.1425 Tw (activities of the OMC aimed at rallying the trucking industry to oppose a proposal)Tj T* 0.29 Tw (by House Transportation Appropriations Subcommittee Chairman Frank Wolf to)Tj T* 0.0925 Tw (transfer the OMC to the National Highway Traffic Safety Administration \(NHTSA\).)Tj 1 -1 TD 0.255 Tw (The activities criticized included drafting and editing opposition letters for the)Tj -1 -1 TD 0.0525 Tw (American Trucking Associations \(ATA\) and individual motor carriers to send to Con-)Tj T* 0.0975 Tw (gress and contacting heads of large trucking firms to urge them to voice their oppo-)Tj T* 0.3625 Tw (sition to the proposal with Senate Majority Leader Trent Lott \(R-MS\). In the)Tj T* 0.2025 Tw (end,the IG concluded that these activities fostered )Tj /F14 1 Tf 24.9181 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.2025 Tw (at a minimum an appearance)Tj -25.3261 -1 TD 0.0625 Tw (that the OMC does not have the arms length relationship called for between govern-)Tj T* 0.165 Tw (ment safety regulators and the industry.)Tj /F14 1 Tf 19.6037 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.165 Tw [( These actions are unacceptable, and the)]TJ -20.0117 -1 TD 0.1575 Tw (Teamsters Union has stated on numerous occasions that the incident itself shakes)Tj T* 0.085 Tw (the confidence of all of us who rely on the OMC to effectively carry out its functions)Tj T* 0.0825 Tw (in overseeing the motor carrier industry and enforcing important safety regulations.)Tj 1 -1 TD 0.08 Tw (Since the release of the IG report, the Teamsters Union has reviewed several pro-)Tj -1 -1 TD 0.0925 Tw (posals to restructure or reform the OMC, including proposals to transfer the agency)Tj T* 0.0775 Tw (in whole or in part to NHTSA, to create a new administration, or to elevate the role)Tj T* 0.1025 Tw (of the OMC within the FHWA. During Congress)Tj /F14 1 Tf 22.9762 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw [( early debate in exposing the prob-)]TJ -23.1802 -1 TD 0.1875 Tw (lems of the OMC, we concentrated our efforts on ensuring that reforms are made)Tj T* 0.1275 Tw (within the agency to better target the bad carriers and bad drivers and strengthen)Tj T* 0.1775 Tw (enforcement mechanisms, rather than focus on where the OMC should be housed.)Tj 1 -1 TD 0.145 Tw (Now that those problem areas have been identified and real solutions have been)Tj -1 -1 TD 0.095 Tw (proposed, the Teamsters Union believes that the right approach to improving motor)Tj T* 0.175 Tw (carrier safety is the establishment of a separate administration. Senator McCain)Tj /F14 1 Tf 39.0874 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD (s)Tj -39.2914 -1 TD 0.06 Tw (bill would create that new administration, which in our view is appropriately named)Tj T* 0.2 Tw (the Motor Carrier Safety Administration. We believe that safety must be the pri-)Tj T* 0.1275 Tw (mary mission of this agency, and it is certainly logical to include safety in its title.)Tj 1 -1 TD 0.1775 Tw (We also support Senator McCain)Tj /F14 1 Tf 15.9138 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1775 Tw (s recommendation for an Administrator who is)Tj -17.1178 -1 TD 0.105 Tw (appointed by the President, and subject to confirmation by the Senate. Strong lead-)Tj T* 0.1325 Tw (ership is crucial for the success of an agency that has squandered the public trust.)Tj T* 0.075 Tw (Unfortunately, the organizational structure offered in S. 1501 doesn)Tj /F14 1 Tf 32.0835 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.075 Tw (t go far enough.)Tj -32.2875 -1 TD 0.21 Tw (What a new administration needs to function properly is a logical division of the)Tj T* 0.085 Tw (core responsibilities of the agency. The agency should be properly segmented to pro-)Tj T* 0.1875 Tw (vide leadership and accountability in key areas. Missed deadlines, policy missteps)Tj T* 0.16 Tw (and overall disarray that have infected the performance of the OMC cannot be al-)Tj T* 0.13 Tw (lowed to continue in the new Administration. In addition, the public has a right to)Tj T* 0.15 Tw (know who is responsible for specific functions of the agency. The Teamsters Union)Tj T* 0.165 Tw (therefore suggests that the Committee closely examine H.R. 2679, the House com-)Tj T* 0.055 Tw (panion bill to S. 1501, which we believe offers the appropriate structural and organi-)Tj T* 0.105 Tw (zational framework for a new Administration. It requires that the Deputy Adminis-)Tj T* 0.1525 Tw (trator be appointed by the Secretary, with the approval of the Senate, and creates)Tj T* 0.0725 Tw (new positions for a Chief Safety Officer and a Regulatory Ombudsman)Tj /F14 1 Tf 33.2645 0 TD 0 Tw ()Tj /F18 1 Tf 1 0 TD 0.0725 Tw (all of which)Tj -34.2645 -1 TD 0.0525 Tw (are essential to improving the performance of the new Administration.)Tj 6.4 0 0 6.0958 185.98 236.0001 Tm 0 Tw [(RECOMMENDATIONS)-412.5(FOR)-412.5(STRENGTHENING)-412.5(MOTOR)-412.5(CARRIER)-412.5(SAFETY)]TJ 8 0 0 8 155 223.0001 Tm 0.2525 Tw (In addition to structural reforms, the Committee must address other problems)Tj -1 -1 TD 0.125 Tw (within OMC. If you look at the enforcement activities of the agency in the last few)Tj T* 0.0575 Tw (years, you will find that compliance reviews have fallen by 30 percent since FY 1995)Tj T* 0.09 Tw (\(the latest information available\), even though there has been a 36 percent increase)Tj T* 0.18 Tw (in the number of motor carriers over this period. According to the IG in a second)Tj T* 0.165 Tw (Audit Report, Report Number: TR-1999-091, )Tj /F22 1 Tf 21.6797 0 TD (Motor Carrier Safety Program, )Tj /F18 1 Tf 15.1198 0 TD 0 Tw (nearly)Tj -36.7995 -1 TD 0.2375 Tw (250 high-risk carriers that were recommended for a compliance review in March)Tj T* 0.07 Tw (1998 did not receive one. Also in FY 1995, 1,870 motor carriers received a less-than-)Tj T* 0.1 Tw (satisfactory rating. From October 1, 1994 through September 30, 1998, 650 of those)Tj T* 0.0675 Tw (same carriers have had over 2,500 crashes resulting in 132 fatalities and 2,288 inju-)Tj T* 0.0975 Tw (ries. Currently, there are about 6,000 motor carriers operating with a less-than-sat-)Tj T* 0.1925 Tw (isfactory rating that received those ratings from October 1995 through September)Tj T* 0 Tw (1998.)Tj 1 -1 TD 0.06 Tw (In addition, Level 1 inspections \(a 27-step process\) have fallen off in favor of Level)Tj -1 -1 TD 0.055 Tw (2 \(walk-around\) and Level 3 \(driver only\) inspections. And while the Federal govern-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00054)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 183 0 obj <>/ExtGState<>>> endobj 184 0 obj <> endobj 185 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (51)Tj 8 0 0 8 147 643 Tm 0.0925 Tw (ment has prosecuted trucking companies for flagrant violations in a few highly visi-)Tj 0 -1.0125 TD 0.065 Tw (ble cases recently, statistics show that prosecutions by the Federal government have)Tj T* 0.2175 Tw (dropped to the lowest level since 1989. In FY 1998 alone, only 11 percent of the)Tj T* 0.0875 Tw (more than 20,000 violations cited by safety investigators resulted in fines, and were)Tj T* 0.18 Tw (settled for 46 percent of the dollar amounts initially assessed. The average settle-)Tj T* 0.0825 Tw (ment per OMC enforcement case was $1,600. According to the IG, this is little more)Tj T* 0 Tw (than )Tj /F14 1 Tf 2.4975 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.0525 Tw (a cost of doing business)Tj /F14 1 Tf 11.0258 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0525 Tw [( for motor carriers.)]TJ -13.3393 -1.0125 TD 0.1925 Tw (The IG concluded that the )Tj /F14 1 Tf 13.3333 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1925 Tw (OMC was not sufficiently effective in ensuring that)Tj -14.7413 -1.0125 TD 0.1375 Tw (motor carriers comply with safety regulations, and that the OMC enforcement pro-)Tj T* 0.065 Tw (gram did not adequately deter compliance.)Tj /F14 1 Tf 20.0307 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.065 Tw [( To address these problems, the IG made)]TJ -20.4387 -1.0125 TD 0.0975 Tw (several recommendations aimed at ensuring compliance with Federal Motor Carrier)Tj T* 0.1025 Tw (Safety Regulations and improving the effectiveness of the Motor Carder Safety Pro-)Tj T* 0.0525 Tw (gram. Specifically, the IG recommended that the FHWA Administrator:)Tj /F9 1 Tf 2 -1.5125 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.28 Tw (Strengthen its enforcement policy by establishing written policy and oper-)Tj -1.015 -1.0125 TD 0.125 Tw (ating procedures to take strong enforcement action against motor carriers with)Tj T* 0.055 Tw (repeat violations of the same acute or critical regulation. Strong enforcement ac-)Tj T* 0.32 Tw (tions would include assessing fines at the statutory maximum amount, the)Tj T* 0.1575 Tw (issuance of compliance orders, not negotiating reduced assessments, and when)Tj T* 0.0525 Tw (necessary, placing motor carriers out of service.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Remove all administrative restrictions on frees places in the Uniform Fine As-)Tj -1.015 -1.0125 TD 0.17 Tw (sessment program and increase the maximum fines to the level authorized by)Tj T* 0.0525 Tw (the Transportation Equity Act for the 21st Century \(TEA-21\).)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.105 Tw (Establish stiffer fines that cannot be considered a cost of doing business and,)Tj -1.015 -1.0125 TD 0.0525 Tw (if necessary, seek appropriate legislation raising statutory penalty ceilings.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1025 Tw (Implement a procedure that removes the operating authority from motor car-)Tj -1.015 -1.0125 TD 0.1125 Tw (riers that fail to pay civil penalties within 90 days after final orders are issued)Tj T* 0.0525 Tw (or settlement agreements are completed.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.21 Tw (Establish criteria for determining when a motor carrier poses an imminent)Tj -1.015 -1.0125 TD 0 Tw (hazard.)Tj /F9 1 Tf T* ()Tj /F18 1 Tf 1.015 0 TD 0.19 Tw (Require follow-up visits and monitoring of those motor carriers with a less-)Tj -1.015 -1.0125 TD 0.2 Tw (than-satisfactory safety rating, at varying intervals, to ensure that safety im-)Tj T* 0.2125 Tw (provements are sustained or if safety has deteriorated that appropriate sanc-)Tj T* 0.0525 Tw (tions are invoked.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.075 Tw (Establish a control mechanism that requires written justification by the OMC)Tj -1.015 -1.0125 TD 0.1 Tw (State Director when compliance reviews of high-risk carders are not performed.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1025 Tw (Establish a written policy and operating procedures that identify criteria and)Tj -1.015 -1.0125 TD 0.0525 Tw (time frames for closing all enforcement cases, including the current backlog.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.2025 Tw (Require applicants requesting operating authority to provide the number of)Tj -1.015 -1.0125 TD 0.1975 Tw (commercial vehicles they operate and the number of drivers they employ and)Tj T* 0.0525 Tw (require all motor carriers to periodically update this information.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.195 Tw (Revise the grant formula and provide incentives through the Motor Carrier)Tj -1.015 -1 TD 0.145 Tw (Safety Assistance Program grants for States to provide accurate, complete and)Tj T* 0.2075 Tw (timely commercial vehicle crash reports, vehicle and driver inspection reports)Tj T* 0.0525 Tw (and traffic violation data.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.1025 Tw (Withhold funds from the Motor Carrier Safety Assistance Program grants for)Tj -1.015 -1 TD 0.165 Tw (those States that continue to report inaccurate, incomplete and untimely com-)Tj T* 0.1325 Tw (mercial vehicle crash data, vehicle and driver inspection data and traffic viola-)Tj T* 0.0525 Tw (tion data within a reasonable notification period such as one year.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.135 Tw (Initiate a program to train local enforcement agencies for reporting of crash,)Tj -1.015 -1 TD 0.0525 Tw (roadside inspection data including associated traffic violation.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0825 Tw (Standardize OMC and NHTSA crash data requirements, crash data collection)Tj -1.015 -1 TD 0.0525 Tw (procedures, and reports.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.11 Tw (Obtain and analyze crash causes and fault data as a result of comprehensive)Tj -1.015 -1 TD 0.0525 Tw (crash evaluations to identify safety improvements.)Tj -1 -1.5 TD 0.125 Tw (While the Teamsters Union believes that these recommendations are a good step)Tj -1 -1 TD 0.1275 Tw (toward improving motor carrier safety, it)Tj /F14 1 Tf 19.6192 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1275 Tw (s up to the OMC, or the new Administra-)Tj -19.8232 -1 TD 0.0625 Tw (tion, to implement them. We must question whether that will ever happen given the)Tj T* 0 Tw (OMC)Tj /F14 1 Tf 2.444 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.13 Tw (s poor track record in executing recommendations from past reports. It is im-)Tj -2.648 -1 TD 0.16 Tw (portant to note that six other General Accounting Office and IG Audit Reports re-)Tj T* 0.1975 Tw (garding the Motor Carrier Safety Program dating back to 1991 made similar rec-)Tj T* 0.285 Tw (ommendations. Thankfully, S. 1501 addresses our concern by requiring the Sec-)Tj T* 0.0875 Tw (retary of Transportation to implement the safety improvement recommendations in-)Tj T* 0.085 Tw (cluded in the IG report. The Secretary is also required to report to the Senate Com-)Tj T* 0.19 Tw (merce, Science, and Transportation Committee and the House Transportation and)Tj T* 0.105 Tw (Infrastructure Committee beginning 90 days after the date of enactment of the bill,)Tj T* 0.0525 Tw (until all of the recommendations have been implemented.)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00055)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 186 0 obj <>/ExtGState<>>> endobj 187 0 obj <> endobj 188 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (52)Tj 8 0 0 8 155 643 Tm 0.21 Tw (The Teamsters Union, however, would suggest two additions. First, we ask the)Tj -1 -1.0125 TD 0.215 Tw (Committee to include language in S. 1501 to require all new-entrant owners and)Tj T* 0.205 Tw (operators to attend and pass an educational program that covers, at a minimum,)Tj T* 0.175 Tw (safety, employee training, size and weight, and financial responsibility regulations)Tj T* 0.1125 Tw (administered by the Secretary prior to being granted the authority to conduct busi-)Tj T* 0.1275 Tw (ness on our nation)Tj /F14 1 Tf 8.9014 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1275 Tw (s roads. This will ensure that new entrants have the knowledge)Tj -9.1054 -1.0125 TD 0.2225 Tw (to comply with the Federal Motor Carrier Safety Regulations rather than merely)Tj T* 0.0525 Tw (checking-off a box on the application form, as is currently the case.)Tj 1 -1.0125 TD 0.225 Tw (The Teamsters Union also requests that the Committee include language in S.)Tj -1 -1.0125 TD 0.1625 Tw (1501 to direct the newly established Motor Carrier Safety Program to require car-)Tj T* 0.1675 Tw (riers to reregister every five years. This was mandated under the Interstate Com-)Tj 0 -1 TD 0.27 Tw (merce Commission Termination Act of 1995, but was never implemented by the)Tj T* 0.085 Tw (OMC. This is crucial as the volatility of the industry causes many carriers to go out)Tj T* 0.1925 Tw (of business while new carriers enter the market everyday. In addition, many car-)Tj T* 0.13 Tw (riers grow to the point where Class III new entrants have become Class I carriers.)Tj T* 0.1025 Tw (Without re-registration, the OMC has no way of really tracking the growth of these)Tj T* 0 Tw (carriers.)Tj 6.4 0 0 6.0958 246.92 500 Tm [(NAFTA)-412.5(CROSS)]TJ 8 0 0 8 294.8399 500 Tm (-)Tj 6.4 0 0 6.0958 297.5039 500 Tm [(BORDER)-412.5(TRUCKING)]TJ 8 0 0 8 155 487 Tm 0.19 Tw (Madam Chair, if this committee is committed to improving motor carrier safety)Tj -1 -1 TD 0.195 Tw (through the proposals that we are discussing today, then we must not ignore the)Tj T* 0.145 Tw (possibility of the pending invasion of unsafe and unqualified drivers coming across)Tj T* 0.1825 Tw (our border from Mexico under the NAFTA cross-border trucking provisions. While)Tj T* 0.125 Tw (we would assume that the increased funding levels in S. 1501 would filter down to)Tj T* 0.0675 Tw (the border states and bolster a rather lackluster inspection and enforcement regime,)Tj T* 0.1225 Tw (as outlined in the Audit Report of the DOT Inspector General, Report Number TR-)Tj T* 0 Tw (1999-034, )Tj /F22 1 Tf 4.9984 0 TD 0.2175 Tw (Motor Carrier Safety Program For Commercial Trucks at U.S. Borders,)Tj /F18 1 Tf -4.9984 -1 TD 0.09 Tw (there is no certainty of that occurring, especially with the recent track record of the)Tj T* 0 Tw (OMC.)Tj 1 -1 TD 0.1575 Tw (Neither can one simply throw additional money at a problem and expect a solu-)Tj -1 -1 TD 0.1075 Tw (tion. And while Congress should not micromanage a Federal department or agency,)Tj T* 0.0725 Tw (there are a number of directives that a new agency can be given to help ensure that)Tj T* 0.2 Tw (it addresses the most serious threat to the future safety of our highways, that of)Tj T* 0.2525 Tw (unsafe Mexican trucks and unqualified drivers undoing whatever gains the Con-)Tj T* 0.0525 Tw (gress intends to make with the creation of the new agency.)Tj 1 -1 TD 0.06 Tw (One such directive is contained in H.R. 2679, the House Transportation and Infra-)Tj -1 -1 TD 0.1475 Tw (structure Committee)Tj /F14 1 Tf 9.8134 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1475 Tw (s version of the Motor Carrier Safety Act of 1999, which calls)Tj -10.0173 -1 TD 0.2 Tw (on the Secretary of Transportation to develop and implement appropriate staffing)Tj T* 0.12 Tw (standards for Federal and State motor carder safety inspectors in the international)Tj T* 0.1875 Tw (border areas. In developing standards, volume of traffic, hours of operation of the)Tj T* 0.065 Tw (border facilities, types of commercial vehicles and cargo, and delineation of responsi-)Tj T* 0.08 Tw (bility between federal and state inspectors would be some of the issues to be consid-)Tj T* 0.2675 Tw (ered. This goes directly to the findings of the IG audit report which noted that)Tj /F14 1 Tf T* 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.1075 Tw (Mexican trucks entering the U.S. through Arizona, New Mexico and Texas are un-)Tj -0.408 -1 TD 0.1625 Tw (likely to be inspected because those States)Tj /F14 1 Tf 20.5527 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1625 Tw [( border crossings do not have sufficient)]TJ -20.7567 -1 TD 0.1925 Tw (inspectors on duty during all commercial operating hours, and some border cross-)Tj T* 0.2125 Tw (ings do not have any inspectors assigned.)Tj /F14 1 Tf 20.3507 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.2125 Tw [( The report concluded, )]TJ /F14 1 Tf 11.4418 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.2125 Tw (that the place-)Tj -32.6085 -1 TD 0.085 Tw (ment of adequate inspection resources at the southern border is an essential control)Tj T* 0.2175 Tw (mechanism to better ensure that Mexican trucks comply with U.S. safety regula-)Tj T* 0 Tw (tions.)Tj /F14 1 Tf 2.556 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.13 Tw [( The provision in the House bill also provides the Secretary with an enforce-)]TJ -2.964 -1 TD 0.1025 Tw (ment mechanism to ensure that the levels of staffing required by the standards are)Tj T* 0 Tw (deployed.)Tj 1 -1 TD 0.0825 Tw (While we have mentioned organization and structure of the new agency as impor-)Tj -1 -1 TD 0.115 Tw (tant to its success, the creation of an Office of International Affairs within the new)Tj T* 0.06 Tw (agency is another area where the McCain bill is less adequate than its counterparts.)Tj T* 0.115 Tw (The importance of possibly integrating another four million commercial motor vehi-)Tj T* 0.2075 Tw (cles from Mexico onto our highway system and assuring a high level of safety in)Tj T* 0.1475 Tw (this country warrants a separate office to oversee this major facet of motor carrier)Tj T* 0.215 Tw (safety. The House bill contains such a provision and we strongly support its cre-)Tj T* 0 Tw (ation.)Tj 1 -1 TD 0.175 Tw (In addition, the Teamsters Union is very concerned with evidence that suggests)Tj -1 -1 TD 0.17 Tw (that Mexican motor carriers are operating outside of the currently permitted com-)Tj T* 0.1925 Tw (mercial zones. In fact, a letter sent to Senate Transportation Appropriations Sub-)Tj T* 0.1475 Tw (committee Chairman Richard Shelby from the DOT)Tj /F14 1 Tf 24.7756 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1475 Tw (s IG \(see Attachment 1\) shows)Tj -24.9796 -1 TD 0.1925 Tw (that Mexican motor carriers are currently operating beyond the commercial zones)Tj T* 0.1275 Tw (of the four border states, irrespective of the fact that they are not authorized to do)Tj T* 0.15 Tw (so. Specifically, the letter states that in 1998 roadside inspections were performed:)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00056)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 189 0 obj <>/ExtGState<>>> endobj 190 0 obj <> endobj 191 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (53)Tj 8 0 0 8 147 643 Tm 0.0925 Tw (\(1\) beyond the commercial zones on 68 Mexican motor carriers, and were performed)Tj 0 -1.025 TD 0.0525 Tw (more than once for 11 of those carriers; \(2\) on the 68 Mexican motor carriers at least)Tj T* 0.2425 Tw (100 times in 24 states not on the U.S.-Mexico border, outside of the commercial)Tj T* 0.2975 Tw (boundaries, including Montana, Missouri, Kansas, Louisiana, North Dakota, Ne-)Tj T* 0.09 Tw (vada, and Oregon; and \(3\) on the 68 Mexican motor carriers outside the commercial)Tj T* 0.1175 Tw (zones but within the four border states more than 500 times. This information was)Tj T* 0.265 Tw (obtained from the OMC)Tj /F14 1 Tf 11.7398 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.265 Tw (s Management Information System. What disturbs us is)Tj -11.9438 -1.025 TD 0.115 Tw (that the DOT knew these Mexican carriers were operating illegally in the U.S. and)Tj T* 0.0775 Tw (that no enforcement actions, such as assessing fines and penalties or revoking these)Tj T* 0 Tw (carriers)Tj /F14 1 Tf 3.6099 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.2725 Tw [( operating privileges in commercial zones, were taken against them. We)]TJ -3.8139 -1.025 TD 0.2 Tw (therefore urge the Committee to include in S. 1501 language to ensure that such)Tj T* 0.0525 Tw (actions are taken in the future \(see Attachment 2\).)Tj 1 -1.025 TD 0.1525 Tw (In the last few weeks since the disclosure of these illegal operations by Mexican)Tj -1 -1.025 TD 0.1425 Tw (carriers, the DOT has inferred that it has no authority to regulate Mexican trucks)Tj T* 0.1875 Tw (operating in foreign-to-foreign commerce. Therefore, according to statements made)Tj T* 0 Tw (by )Tj /F14 1 Tf 1.476 0 TD ()Tj /F18 1 Tf 0.408 0 TD (unnamed)Tj /F14 1 Tf 4.3519 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.105 Tw [( DOT officials, Mexican trucks can traverse the United States if trav-)]TJ -6.6439 -1.025 TD 0.15 Tw (eling directly to Canada. This as yet )Tj /F14 1 Tf 18.0347 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD (unofficial)Tj /F14 1 Tf 4.3329 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.15 Tw [( policy of the DOT is totally unac-)]TJ -23.1837 -1.025 TD 0.1875 Tw (ceptable and is counter to the Administration)Tj /F14 1 Tf 22.1267 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1875 Tw (s decision not to open the border to)Tj -22.3307 -1.025 TD 0.0525 Tw (unsafe Mexican trucks for the safety and protection of the American public.)Tj 1 -1.025 TD 0.185 Tw (DOT staff has proffered 49 U.S.C. Section 13906 and 49 C.F.R. Section 387.321)Tj -1 -1.025 TD 0.0925 Tw (which provides that foreign motor carriers may only transit the U.S. if they provide)Tj T* 0.1 Tw (certain financial security which is accepted by the Secretary, in support of their po-)Tj T* 0.1325 Tw (sition. But since the Secretary does not and cannot register motor carriers to oper-)Tj T* 0.1525 Tw (ate beyond the commercial zones because of the serious safety concerns, he should)Tj T* 0.115 Tw (not accept evidence of financial security from the same motor carriers, thereby per-)Tj T* 0.0525 Tw (mitting them to operate a vehicle on roads throughout the U.S.)Tj 1 -1.025 TD 0.21 Tw (Furthermore, DOT)Tj /F14 1 Tf 8.9879 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.21 Tw (s position is in direct conflict with its own representation to)Tj -10.1919 -1.0125 TD 0.17 Tw (the U.S. Court of Appeals for the D.C. Circuit that it would )Tj /F14 1 Tf 29.5796 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.17 Tw (not approve applica-)Tj -29.9876 -1.0125 TD 0.125 Tw (tions by Mexican carriers seeking to provide cross-border trucking services into the)Tj T* 0.255 Tw (United States pending the outcome of ongoing consultations on safety issues be-)Tj T* 0.0875 Tw (tween the two countries.)Tj /F14 1 Tf 11.5963 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0875 Tw [( \(Order of Jan. 21, 1997, No. 95-1603, )]TJ /F22 1 Tf 18.2627 0 TD (International Broth-)Tj -30.2671 -1.0125 TD 0.1175 Tw (erhood of Teamsters v. Secretary of Transportation, United States of America\). )Tj /F18 1 Tf 37.507 0 TD 0 Tw (Only)Tj -37.507 -1.0125 TD 0.26 Tw (after a determination is made that Mexican trucks are fit for operation on U.S.)Tj T* 0.1275 Tw (highways are they to be granted unlimited access to the border States. That deter-)Tj T* 0.145 Tw (mination has not yet been made, and, in fact, no one denies the fact that Mexican)Tj T* 0.135 Tw (trucks are still prohibited from entering these states beyond the commercial zones.)Tj 1 -1.0125 TD 0.2025 Tw (It is therefore ludicrous to now suggest that these trucks, while unfit for entry)Tj -1 -1.0125 TD 0.115 Tw (into the border States, should be allowed unlimited nationwide access to U.S. high-)Tj T* 0.1125 Tw (ways for the purposes of traveling to Canada. Such a policy would seriously endan-)Tj T* 0.185 Tw (ger the lives of all highway users and cannot and should not be tolerated by this)Tj T* 0.0525 Tw (Committee and this Congress.)Tj 6.4 0 0 6.0958 210.88 302.3 Tm 0 Tw [(COMMERCIAL)-412.5(MOTOR)-412.5(VEHICLE)-412.5(ADVISORY)-412.5(COMMITTEE)]TJ 8 0 0 8 155 289.2 Tm 0.2275 Tw (The Teamsters Union is pleased that S. 1501 authorizes the newly established)Tj -1 -1.0125 TD 0.06 Tw (Motor Carrier Safety Administration to create a Commercial Motor Vehicle Advisory)Tj T* 0.11 Tw (Committee. This Committee, which we believe should be entitled the Motor Carrier)Tj T* 0.1575 Tw (Safety Advisory Committee, given the nature of this bill, will ensure that the new)Tj T* 0.1525 Tw (Administration is more receptive to the diverse interests represented by the motor)Tj T* 0.1625 Tw (carrier community. After all, participation in developing rulemakings, coordinating)Tj T* 0.18 Tw (educational programs, and discussing pending and future initiatives and other ac-)Tj T* 0.0525 Tw (tivities should not be limited to industry representation.)Tj 1 -1.0125 TD 0.11 Tw (It is important to mention that the concept of establishing such an advisory com-)Tj -1 -1.0125 TD 0.1775 Tw (mittee is not new. Years ago, a committee existed within the FHWA but was dis-)Tj T* 0.2675 Tw (banded over disagreements among the members. Similarly, the Federal Railroad)Tj T* 0.11 Tw (Administration \(FRA\) has created the Railroad Safety Advisory Committee \(RSAC\),)Tj T* 0.1375 Tw (under the leadership of FRA Administrator Jolene Molitoris. And the Occupational)Tj T* 0.1275 Tw (Safety and Health Administration has formed the National Advisory Committee on)Tj T* 0.1975 Tw (Occupational Safety and Health \(NACOSH\). The NACOSH was established under)Tj T* 0.1475 Tw (Section 7\(a\) of the OSH Act of 1970 to advise the Secretaries of Labor and Health)Tj T* 0.0525 Tw (and Human Services on matters related to administration of the Act.)Tj 1 -1.0125 TD 0.14 Tw (Like RSAC and NACOSH, S. 1501 requires that the Committee be structured in)Tj -1 -1.0125 TD 0.1675 Tw (a way that would ensure the new Administration does not fall victim to the same)Tj T* 0.095 Tw (type of influence from the industry as currently exists at the OMC. Specifically, the)Tj T* 0.27 Tw (Committee would be comprised of individuals affected by rulemakings, including)Tj T* 0.1875 Tw (representatives of labor, industry, safety advocates, manufacturers, and safety en-)Tj T* 0.14 Tw (forcement officials, but no one interest would be permitted to constitute a majority)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00057)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 192 0 obj <>/ExtGState<>>> endobj 193 0 obj <> endobj 194 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (54)Tj 8 0 0 8 147 643 Tm 0.2375 Tw (of the Committee. It should be noted, however, that unlike RSAC and NACOSH)Tj 0 -0.9875 TD 0.0525 Tw (there is no term limit for Committee members.)Tj 1 -0.9875 TD 0.085 Tw (Also unlike RSAC and NACOSH, the role of the Committee is limited to assisting)Tj -1 -0.9875 TD 0.2375 Tw (the Secretary in the timely completion of ongoing rulemakings by utilizing nego-)Tj T* 0.515 Tw (tiated rulemaking procedures. S. 1501 should not stipulate that all current)Tj T* 0.2975 Tw (rulemakings must be resolved through negotiation. Negotiated rulemakings only)Tj T* 0.34 Tw (work when the stakeholders have a reasonable belief that a consensus can be)Tj T* 0.0525 Tw (reached on the issues. In certain circumstances, negotiated rulemakings do work but)Tj T* 0.145 Tw (that process should be decided on a case-by-case basis, not mandated by Congress.)Tj 1 -0.9875 TD 0.115 Tw (In contrast to S. 1501, the House companion bill allows the Committee to advise,)Tj -1 -0.9875 TD 0.1225 Tw (consult with and make recommendations to the Administrator on all matters relat-)Tj T* 0.095 Tw (ing to activities and functions of the new Administration. Not all policy matters are)Tj T* 0.2025 Tw (necessarily decided in rulemakings, and this approach better allows all parties to)Tj T* 0.0525 Tw (have input on a broad range of activities of the new Administration.)Tj 6.4 0 0 6.0958 233.22 526.4 Tm 0 Tw [(HOW)-412.5(THE)-412.5(OMC)-412.5(CONDUCTS)-412.5(ITS)-412.5(RESEARCH)]TJ 8 0 0 8 155 513.4999 Tm 0.2 Tw (Finally, the Teamsters Union has long been concerned with how the OMC con-)Tj -1 -0.9875 TD 0.135 Tw (ducts its research. For example, since 1996, the OMC has awarded over $8 million)Tj T* 0.0525 Tw (to the ATA and its consultants to perform research on various issues, including driv-)Tj T* 0.245 Tw (er fatigue and graduated licensing. What concerns us is that this research often)Tj T* 0.0525 Tw (serves as the basis for future rulemakings governing the trucking industry.)Tj 1 -0.9875 TD 0.19 Tw (Such was the case with the Driver Fatigue and Alertness Study \(DFAS\), which)Tj -1 -0.9875 TD 0.2 Tw (was intended to provide non-biased research on drivers)Tj /F14 1 Tf 26.9186 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.2 Tw [( hours of service. Instead,)]TJ -27.1226 -0.9875 TD 0.12 Tw (its conclusions )Tj /F9 1 Tf 7.2399 0 TD 0 Tw ()Tj /F18 1 Tf 0.411 0 TD (coincidentally)Tj /F9 1 Tf 6.4259 0 TD ()Tj /F18 1 Tf 0.781 0 TD 0.12 Tw (benefited the industry by justifying their arguments)Tj -14.8578 -0.9875 TD 0.22 Tw (for allowing truck drivers to drive more consecutive hours with less rest. Thank-)Tj T* 0.165 Tw (fully, a peer review panel saw through ATA)Tj /F14 1 Tf 21.3047 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.165 Tw (s attempts and discredited the DFAS,)Tj -21.5087 -0.9875 TD 0.185 Tw (stressing that it )Tj /F14 1 Tf 8.2229 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.185 Tw (suffered from poor design and inappropriate statistical approach)Tj -8.6309 -0.9875 TD 0.0525 Tw (to address the objectives)Tj /F14 1 Tf 11.4543 0 TD 0 Tw ()Tj /F18 1 Tf -10.4543 -0.9875 TD 0.2875 Tw (The OMC and several Members of Congress would probably argue that these)Tj -1 -0.9875 TD 0.1675 Tw (funds were earmarked for ATA in appropriations bills and thus it is the responsi-)Tj T* 0.09 Tw (bility of the agency to carry-out these congressional directives. This is not, however,)Tj T* 0.2575 Tw (entirely true. We refer to a Federal Register notice published in July 1999 that)Tj 0 -1 TD 0.0875 Tw (seeks public comment on a proposed survey to be conducted by the ATA)Tj /F14 1 Tf 34.1255 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0875 Tw (s Transpor-)Tj -34.3295 -1 TD 0.0725 Tw (tation Research Institute \(T\) on the development of a graduated or provisional Com-)Tj T* 0.0525 Tw (mercial Drivers License program \(CDL\). Specifically, the notice states:)Tj /F14 1 Tf 4 -1 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.0625 Tw (Conference Report 104-286 to accompany H.R. 2002 to the DOT Appropria-)Tj -2.408 -1 TD 0.175 Tw (tions Bill directs the FHWA to contract, during FY 1996, with the ATA)Tj /F14 1 Tf 34.8255 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.175 Tw (s TRI)Tj -35.0295 -1 TD 0.09 Tw (to perform applied research to address a number of highway safety issues, such)Tj T* 0.14 Tw (as driver fatigue and alertness, the application of emerging technologies to en-)Tj T* 0.1425 Tw (sure safety, productivity and regulatory compliance, and commercial drivers li-)Tj T* 0.145 Tw (censing, training and education. The amount allocated was to be not less than)Tj T* ($4 million. A survey of industry opinion pertaining to a graduated CDL is one)Tj T* 0.34 Tw (of these projects under the congressionally-mandated cooperative agreement)Tj T* 0.0525 Tw (with the TRI.)Tj /F14 1 Tf 6.3279 0 TD 0 Tw ()Tj /F18 1 Tf -4.3279 -1.5 TD 0.1325 Tw (However, upon reading Conference Report 104-286 we found the following:)Tj /F14 1 Tf T* 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.055 Tw (In fiscal year 1994, the Congress continued its participation in the develop-)Tj -2.408 -1 TD 0.2325 Tw (ment of an aggressive research agenda by directing the FHWA to undertake)Tj T* 0.25 Tw (three projects totaling $1,750,000: truck loading and unloading as a possible)Tj T* 0.1875 Tw (contributor to driver fatigue; technology to automate commercial vehicle road-)Tj T* 0.2425 Tw (side inspection; and guidelines for the inspection and maintenance of wheels)Tj T* 0.0925 Tw (and bearings. In fiscal year 1995, the Congress identified additional studies, to-)Tj T* 0.0675 Tw (taling $2,500,000, for the implementation in the same fashion with TRI: the use)Tj T* 0 Tw (of )Tj /F14 1 Tf 1.2135 0 TD ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw (smart cards)Tj /F14 1 Tf 5.6024 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.1025 Tw [( to facilitate compliance with motor carrier safety rules; medical)]TJ -7.2239 -1 TD 0.0725 Tw (requirements associated with commercial vehicle operation; and electronic truck)Tj T* 0.205 Tw (and intermodal information systems...The conferees therefore reiterate the di-)Tj T* 0.055 Tw (rection to FHWA to use unobligated balances to make grants to, enter into coop-)Tj T* (erative agreements or contracts with, or use any existing technical support serv-)Tj T* 0.1175 Tw (ices agreements with TRI, in amounts totaling not less than $4,000,000 to con-)Tj T* 0.0525 Tw (duct the six studies referenced above...)Tj /F14 1 Tf 18.1332 0 TD 0 Tw ()Tj /F18 1 Tf -19.1332 -1.5 TD 0.275 Tw (Once again, Congress intended these funds to cover )Tj /F22 1 Tf 26.2926 0 TD 0 Tw (six )Tj /F18 1 Tf 1.83 0 TD 0.275 Tw (specific studies \(truck)Tj -29.1226 -1 TD 0.06 Tw (loading and unloading as a possible contributor to driver fatigue; technology to auto-)Tj T* 0.0525 Tw (mate commercial vehicle roadside inspection; guidelines for the inspection and main-)Tj T* 0.19 Tw (tenance of wheels and bearings; )Tj /F14 1 Tf 15.9518 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.19 Tw (smart cards)Tj /F14 1 Tf 5.6899 0 TD 0 Tw ()Tj /F18 1 Tf 0.408 0 TD 0.19 Tw [( to facilitate compliance with motor)]TJ -22.4577 -1 TD 0.13 Tw (carrier safety rules; medical requirements associated with commercial vehicle oper-)Tj T* 0.085 Tw (ation; and electronic truck and intermodal information systems\). What it did not in-)Tj T* 0.1375 Tw (tend was for the OMC to provide ATA with unlimited resources to conduct numer-)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00058)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 195 0 obj <>/ExtGState<>>> endobj 196 0 obj <> endobj 197 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (55)Tj 8 0 0 8 147 643 Tm 0.19 Tw (ous studies on a broad range of topics, like graduated CDLs. The fact is that the)Tj 0 -1.0125 TD 0.0825 Tw (OMC has contracted with the ATA for at least 18 studies/projects since 1996, as fol-)Tj T* 0 Tw (lows:)Tj 4 -1.5125 TD 0.0525 Tw (Fatigue Research: $1,080,000)Tj 0 -1.0125 TD (Conference on Technological Countermeasures to Fatigue: $40,000)Tj T* (International Industry Conference of Fatigue: $118,000)Tj T* (Operating Practices on Commercial Driver Alertness: $1,000,000)Tj T* 0.18 Tw (Ocular Dynamics as a Predictor of Fatigue/Pilot Napping Study: $300,000)Tj T* 0.0525 Tw (TRI and NPTC Safety Promotion and Compliance Workshops: $280,000)Tj T* 0.1875 Tw (Recommended Management Practices for Driver Training and Evaluation:)Tj T* 0 Tw ($172,000)Tj T* 0.0525 Tw (Pilot Test of Fatigue Management Technologies: $1,654,000)Tj T* (Survey of Emerging ITS Technologies: $430,000)Tj T* (Graduated Licenses Survey: $243,000)Tj T* (Driver Wellness Program $520,000)Tj T* (Truck Stop Fitness Facility Utilization Study: $200,000)Tj T* (Survey of Scheduling Practices and Their Influence on Driver Fatigue:)Tj T* 0 Tw ($509,000)Tj T* 0.0525 Tw (How to Drive/No-Zone: $301,000)Tj T* (Sloop Apnea Prevalence and Severity: $1,008,000)Tj T* (Heavy Vehicle Brake Use and Maintenance: $188,000)Tj T* (ITS Industry Champion: $25,000)Tj T* (Driver Acceptance of In-Vehicle Technologies: $130,000)Tj -3 -1.5125 TD 0.12 Tw (Given this information, the Teamsters Union requests that the Committee exam-)Tj -1 -1.0125 TD 0.1125 Tw (ine H.R. 2679 and include its bill language to require the Motor Carrier Safety Ad-)Tj T* 0.06 Tw (ministration to comply with Section 1252.209-70 of Title 48, Code of Federal Regula-)Tj T* 0.1375 Tw (tions \(which deals with conflicts of interest\) in awarding any contract for research.)Tj T* 0.135 Tw (This is crucial to ensuring that unethical practices of the past do not carry over to)Tj T* 0.0525 Tw (the new Administration.)Tj 6.4 0 0 6.0958 283.12 390.1 Tm 0 Tw (CONCLUSION)Tj 8 0 0 8 155 373 Tm 0.17 Tw (The Teamsters Union believes that S. 1501 will go a long way toward strength-)Tj -1 -1 TD 0.125 Tw (ening motor carrier safety. The bill emphasizes better enforcement of current regu-)Tj T* 0.2725 Tw (lations, the importance of increased inspections and compliance reviews and the)Tj T* 0.0525 Tw (need for significant improvements to the Motor Carder Safety Program.)Tj 1 -1 TD 0.2025 Tw (Again, we appreciate the opportunity to present our views on truck safety, and)Tj -1 -1 TD 0.2525 Tw (look forward to continuing to work with Chairman McCain, Ranking Democratic)Tj T* 0.085 Tw (Member Hollings, Senator Hutchison and members of the Subcommittee on this im-)Tj T* 0.0525 Tw (portant legislation as it moves through the Senate.)Tj /F22 1 Tf 32.5325 -1 TD (Attachment 1)Tj /F18 1 Tf -32.5325 -1.25 TD (June 14, 1999)Tj 0 -1.5 TD (The Honorable Richard C. Shelby)Tj 0 -1 TD (Chairman, Subcommittee on Transportation)Tj T* (Committee on Appropriations)Tj T* (Washington, DC 20510-5037)Tj T* (Dear Chairman Shelby:)Tj T* 0.205 Tw (At the February 9, 1999 hearing before your committee on the Top Ten Manage-)Tj T* 0.1425 Tw (ment Issues within the Department of Transportation you asked if Mexican trucks)Tj T* 0.1125 Tw (drive beyond the commercial zone boundaries of the four border states. The answer)Tj T* 0 Tw (is )Tj /F14 1 Tf 1.196 0 TD ()Tj /F18 1 Tf 0.408 0 TD (yes)Tj /F14 1 Tf 1.5 0 TD ()Tj /F18 1 Tf 0.408 0 TD 0.14 Tw (, even though Mexican trucks are not authorized to go beyond the commer-)Tj -3.5119 -1 TD 0.0525 Tw (cial zones.)Tj T* 0.3225 Tw (All interstate motor carriers operating in the United States, including Mexican)Tj T* 0.1425 Tw (motor carriers operating in the commercial zones, are required to obtain a Depart-)Tj T* 0.3125 Tw (ment of Transportation \(DOT\) identification number and to display this unique)Tj T* 0.1525 Tw (identifying number on their commercial trucks. We used the identification number)Tj T* 0.0525 Tw (to get the information needed to answer your question.)Tj T* 0.0675 Tw (Under the Motor Carrier Safety Assistance Program, state safety inspectors perform)Tj T* 0.095 Tw (roadside inspections of commercial trucks and drivers throughout the United States)Tj T* 0.105 Tw (to ensure compliance with U. S. safety regulations. Therefore, Mexican trucks oper-)Tj T* 0.0525 Tw (ating inside or outside the commercial zones are subject to roadside inspections.)Tj T* 0.2075 Tw (The Office of the Inspector General extracted the DOT identification numbers for)Tj T* 0.1825 Tw (motor carriers identified as domiciled in Mexico from the Office of Motor Carriers)Tj T* 0.2175 Tw (Management Information System. We compared these unique numbers to the FY)Tj T* 0.295 Tw (1998 roadside inspections of commercial vehicles also contained in the Office of)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00059)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 198 0 obj <>/ExtGState<>>> endobj 199 0 obj <> endobj 200 0 obj <>stream BT /F18 1 Tf 10 0 0 10 300.44 661 Tm 0 g /GS1 gs 0 Tc 0 Tw (56)Tj 8 0 0 8 147 643 Tm 0.1075 Tw (Motor Carriers Management Information System. The results of our comparison in-)Tj 0 -1.0125 TD 0.0525 Tw (dicate that:)Tj /F9 1 Tf 2 -1.5125 TD 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.18 Tw (Roadside inspections were performed beyond the boundaries of the commer-)Tj -1.015 -1.0125 TD 0.1325 Tw (cial zone on 68 motor carriers identified as domiciled in Mexico, and were per-)Tj T* 0.0525 Tw (formed more than once for 11 of the 63 camera.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.22 Tw (Roadside inspections were performed on the 68 motor carriers at least 100)Tj -1.015 -1.0125 TD 0.2075 Tw (times in 24 states not on the US.-Mexico border, which include the States of)Tj T* 0.07 Tw (New York, Florida, Washington, Montana, North Dakota, Colorado, Iowa, South)Tj T* 0.0525 Tw (Dakota, and Wyoming.)Tj /F9 1 Tf T* 0 Tw ()Tj /F18 1 Tf 1.015 0 TD 0.0525 Tw (Roadside inspections were also performed on the 68 motor carriers outside the)Tj -1.015 -1.0125 TD 0.21 Tw (commercial zones but within the four border states \(Arizona, California, New)Tj T* 0.0525 Tw (Mexico and Texas\) more than 500 times.)Tj -2 -1.5125 TD 0.22 Tw (This demonstrates that Mexican trucks are operating well beyond the designated)Tj 0 -1.0125 TD 0.0725 Tw (commercial zones Enclosed is a copy of our recent report on the Department)Tj /F14 1 Tf 35.9425 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.0725 Tw (s Motor)Tj -36.1465 -1.0125 TD 0.2075 Tw (Carrier Safety Program. It identifies the current problems that impact negatively)Tj T* 0.0525 Tw (on motor carrier safety together with recommendations to address those issues.)Tj T* 0.0875 Tw (If I can answer any questions, or be of further assistance, please feel free to contact)Tj T* 0.0525 Tw (me at 366-1959 or my Deputy, Raymond J. DeCarli at 366-6767.)Tj T* 0 Tw (Sincerely,)Tj 0 -1.2625 TD 0.0525 Tw (Kenneth M. Mead)Tj T* (Inspector General)Tj 0 -1.25 TD 0 Tw (Enclosure)Tj ET q 315.8829 0 0 272.6015 148 176 cm /Im1 Do Q BT /F22 1 Tf 8 0 0 8 407.26 164 Tm 0.0525 Tw (Attachment 2)Tj /F18 1 Tf -25.4175 -2 TD (FOREIGN MOTOR CARRIER DISQUALIFICATIONS)Tj -7.115 -1.625 TD 0.29 Tw (The Teamsters Union is concerned with the contents of a letter sent to Senate)Tj 0 -1 TD 0.2875 Tw (Transportation Appropriations Subcommittee Chairman Richard Shelby from the)Tj T* 0.11 Tw (Department of Transportation)Tj /F14 1 Tf 14.2578 0 TD 0 Tw ()Tj /F18 1 Tf 0.204 0 TD 0.11 Tw (s \(DOT\) Inspector General \(IG\) Kenneth Mead which)Tj -14.4618 -1 TD 0.1675 Tw (shows that Mexican motor carriers are currently operating beyond the commercial)Tj /F5 1 Tf 6.5 0 0 6.5 60 20 Tm 1 g 0 Tw [(VerDate 11-MAY-2000)-1076.9(11:32 Jun 21, 2002)-1076.9(Jkt 073433)-1076.9(PO 00000)-1076.9(Frm 00060)-1076.9(Fmt 6633)-1076.9(Sfmt 6621)-1076.9(73433.TXT)-1076.9(SCOM1)-1076.9(PsN: SCOM1)]TJ ET endstream endobj 201 0 obj <>/XObject<>/ExtGState<>>> endobj 202 0 obj <>>>stream ̊3y| GG@b!>|1 ܻ;X1E|De"ܷ$)xpD5(ldF&䚧b!.E]C 3lDPP2qC 3Ş;Q""NN\QC/o1D5V x6j#If͆٪?3Y"\R E٨ gˆs7a/C 2 R 䜛?@H(spd!O.2\W^ژdPXeA3"bBMaC;>#!LC0! nC-ɹ';sw-r~>@h#_C .[3 Iɹ'Dv ^C"qeʬPD#!I;C f"S! ! 0 ȹH P"EYplT`aˆ@ G ؐ$[Xp0upB_|0aG| I;ˆJ58E/\,C \1/?c.EsXg>8x_ f f_0ˉPDfC ˲pw@Gj`?ÈC#eȰ1 fo;E& &"Կ rسvBgc<~Xa1"d{*gHg;C1cvB?;I㝁9*s1Y--8l.'#pND%.F\Q]+aIH8_qC,3e j 0< 93GaNW0Eȹes@d3<0 3aD8e, B8fE,Hl(aDC y9|M9ԕk!--IF 4g27 傒_2858h9O0XA!?3+CAHa)Fz=G;9ܓr*;@iw!ɸAA"0#?wdwW$8EȼH~A08~e