Senate Passes Truck Safety Provisions

On February 12, 2004, the Senate passed legislation to reauthorize the nation's surface transportation programs. The Safe, Accountable, Flexible and Efficient Transportation Equity Act (SAFETEA) (S. 1072), also includes a number of important truck safety provisions. These include:

Section 4225: Requires DOT to prescribe minimum uniform standards for issuance of learners' permits for commercial drivers. Requires applicants for a learner's permit to pass a written test.

Section 4228: Establishes a national Medical Review Board to provide the Federal Motor Carrier Safety Administration with medical advice and recommendations on medical standards and guidelines, medical examiner education, and medical research pertinent to the physical qualifications requirements. Establishes a “chief medical examiner” for the Federal Motor Carrier Safety Administration. Establishes a national registry of medical examiners that are qualified to perform the examination, testing, and inspection necessary to issue a medical certificate. Requires DOT to revise and update the physical qualifications standards to “ensure that the physical condition of operators of commercial motor vehicles is adequate to enable them to operate the vehicles safely.” Requires that physical exams required of commercial drivers be conducted by medical examiners that have received training in physical and medical examination standards are listed on the national registry maintained by DOT. Requires holders of commercial drivers licenses or learners permits to have current valid medical certificates.

Section 4229: Requires that DOT finalize a rule (within 90 days of enactment) on the qualifications for insulin-dependent diabetics to operate commercial vehicles in interstate commerce. The rule must provide for the individual assessment of diabetic applicants. The rule may not require that a diabetic driver have experience operating commercial motor vehicles (in intrastate commerce) as a condition for operating in interstate commerce. The rule must ensure that “individuals who use insulin to treat their diabetes are not held to a higher standard than other qualified commercial drivers, except to the extent that limited operating, monitoring, or medical requirements are deemed medically necessary by experts in the field of diabetes medicine.”

Section 4230: Requires DOT to promulgate regulations requiring private carriers to maintain financial responsibility at levels “sufficient to satisfy liability amounts established by the Secretary covering public liability, property damage, and environmental restoration.” DOT is authorized to require private carriers to file evidence of financial responsibility.

Section 4231: Increases penalties for out of service and recordkeeping violations.

Section 4233: Requires DOT to consider the accident experience pertaining to the intrastate, as well as interstate, operations of interstate motor carriers in determining safety fitness.

Section 4235: Authorizes DOT to suspend operating authority for motor carriers, freight forwarders or brokers for failure to comply with registration and liability insurance requirements. Requires DOT to revoke the registration of a motor carrier that has been prohibited from operating in interstate commerce for failure to comply with the safety fitness requirements.

Section 4236: Authorizes DOT to suspend or revoke registration of a motor carrier that engages in a “pattern or practice” of avoiding compliance. Requires carriers seeking registration to submit a list of proposed officers. Authorizes DOT to deny registration to applicants whose proposed officers have been determined to have previously engaged in a pattern or practice of avoiding compliance.

Section 4243: Requires DOT to publish a list of operations of restricted property-carrying units (trailers or containers over 53 feet in length) that are legally permitted by states as of June 1, 2003. Prohibits states from allowing use on the National Highway System of trailering units that are not represented on the list.

Section 4244: Generally prohibits states from allowing commercial vehicle combinations operating on the National Highway System to be of greater length than is permitted by state law as of June 1, 2003. Requires that each state submit to DOT a list of the state's length limitations applicable to commercial motor vehicle combinations. Requires DOT to publish a list of state length limitations.

Section 4246: Requires background checks of all Mexican and Canadian commercial drivers seeking to haul hazardous materials in the U.S.

Section 4247: Exempts operators of utility service vehicles from the driver hours of service regulations.

Section 4248: Provides that persons transporting agricultural commodities or farm supplies for agricultural purposes will continue to be exempt from maximum driving and on-duty time requirements if limited to a 100 air mile radius during harvesting and planting seasons. Protects the exemption from DOT rulemaking.

Section 4263: Includes private and exempt motor carriers in a Unified Carrier Registration System. Requires exempt carriers to file a bond, insurance policy, or other evidence of financial security as approved by DOT.

Section 4264: Requires DOT to establish, within one year of enactment, an on-line Unified Carrier Registration System to replace the current DOT census registration, the Single State Registration System, financial responsibility reporting system, and service of process agent system. Directs that the UCRS shall serve as “a clearinghouse and depository of information on, and identification of, all foreign and domestic motor carriers, motor private carriers, brokers, and freight forwarders…including information with respect to a carrier's safety rating [and] compliance with required levels of financial responsibility.” Requires DOT to establish a system of fees to be paid by each registrant. New registrant fees shall not exceed $300.00. A separate fee for filing evidence of financial responsibility shall not exceed $10.00 per filing. In addition, there will be a “nominal fee” for access to retrieval of information. Provides for establishment of an interstate agreement called the Unified Carrier Registration Plan. Establishes a fee structure for filing evidence of financial security to participating states. Provides that fees charged motor carriers, motor private carriers, or freight forwarders shall be based on the number of commercial motor vehicles owned or operated by the motor carrier, motor private carrier, or freight forwarder. Fees paid by brokers and leasing companies shall be the same as the smallest bracket of motor carriers. Fees shall be paid to the carrier's base state. Revenues shall be allocated to participating states on a prorated basis. Establishes UCRP Board of Directors made up of representatives of the DOT, states and motor carriers. “At least 1 of the appointees shall be an employee of the national trade association representing the general motor carrier of property industry.” Directs that the Board shall develop the rules governing the UCRP and submit to DOT for approval and adoption. Establishes requirements for state participation.

Section 4266: Prohibits states from requiring forms of identification on commercial motor vehicles that are different from those required by DOT except with respect to identification under the International Registration Plan and the International Fuel Tax Agreement.

Courtesy of: Earl Eisenhart, Government Relations Services (GRS), an independent lobbying and consulting firm specializing in transportation, security, technology, workplace and logistics policies.