[Congressional Record Volume 143, Number 150 (Friday, October 31, 1997)]
[Senate]
[Page S11539]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                 THE MOTOR SAFETY DEMONSTRATION PROJECT

  Mr. DORGAN. Mr. President, section 344 of the National Highway System 
Designation Act of 1995 required the Department of Transportation to 
implement a motor carrier regulatory relief and safety demonstration 
project. The purpose of this project was to determine whether certain 
motor carriers with exemplary safety records could operate safely with 
fewer regulatory burdens.
  Specifically, the Department was required to establish a pilot 
program for operators of vehicles between 10,001 and 26,000 pounds, 
under which eligible drivers, vehicles, and carriers would be exempt 
from some of the Federal motor carrier safety regulations.
  The safety data generated from this project was to serve as the basis 
for assessing the appropriate level of future safety regulation for the 
motor carrier industry.
  The statute was clear. Section 344 required the Department of 
Transportation to ensure that participants in the project would be 
``subject to a minimum of paperwork and regulatory burdens necessary to 
ensure compliance with the requirements of the program'' and to 
``represent a broad cross section of fleet size and drivers of eligible 
vehicles''.
  Mr. President, I would inquire of the Majority Leader, what is the 
status of the motor carrier regulatory relief and safety demonstration 
project which we mandated in 1995?
  Mr. LOTT. Mr. President, I thank the Senator for raising this issue. 
The letter and intent of the law concerning this program are not being 
carried out at all.
  The National Highway System Designation Act passed in 1995, and 
section 334 mandated the motor carrier regulatory relief and safety 
demonstration project. It required the Department of Transportation to 
implement this project no later than August, 1996. However, the 
Department of Transportation did not even publish Final Guidelines for 
the project until June 10 of this year--1 year later than required by 
law.
  Mr. DORGAN. I am, to be honest, somewhat taken aback by the 
Department of Transportation's obvious delay in implementing a 
congressionally mandated program. And I understand that delay is not 
the only problem afflicting this program.
  The Final Guidelines, only published this year, appear to fall far 
short of what was intended in section 334, both in terms of reducing 
paperwork and regulatory burdens and attracting a broad cross section 
of participating businesses. Potential business participants invested 
many months of effort attempting to work with the Department of 
Transportation to create a functional program. However, the 
Department's Final Guidelines still create unreasonable barriers to 
motor carrier participation, produce uncertainty in implementation and 
enforcement, and fail to reduce business paperwork.
  Mr. LOTT. Mr. President, I would add that, at this time, there is not 
a single applicant for the motor safety demonstration project.
  This has not kept the Department from heralding the project as a 
centerpiece of their so-called regulatory reform. For example, in the 
August 11, 1997 issue, of the industry publication ``Transport 
Topics,'' the Department's Associate Administrator for Motor Carriers, 
George Reagle, referred to the project as a key part of the 
administration's effort to ``provide common-sense government * * *.'' 
which offers ``the opportunity to further regulatory reform''. Mr. 
Reagle further stated that ``This early step toward reform will set the 
tone for our entire regulatory future * * *.''
  A centerpiece with no participants is an empty centerpiece. Words of 
self-praise are an inadequate response. The law was clear and 
implementation is overdue.
  Mr. DORGAN. Mr. President, it seems to me that if there has not been 
a single participant in this program--which was intended as a way to 
relieve the regulatory burden on those companies that have demonstrated 
a good safety record--then something is amiss with this program.
  I would hope that the Department would take a second look at this 
program and give serious consideration to making some changes that will 
permit the program to work in the manner in which Congress intended. It 
is clear that Congress desired to establish a means to achieve some 
regulatory relief and, thus far, we have not seen that result.
  Mr. LOTT. Mr. President, I fully agree with the Senator. I do not 
believe the Department has followed the provisions established under 
the National Highway System Designation Act. I am disappointed.
  The Senate Committee on Commerce, Science and Transportation has been 
working to advance legislation expanding the Department of 
Transportation's use of pilot programs and regulatory exemptions. I 
will be working with the committee to help reduce, as much as is safely 
possible, some of the unnecessary regulations and paperwork imposed on 
the motor carrier industry.
  Given the Department's handling of the motor safety demonstration 
project to date, I am very concerned about the Department's sincerity 
in implementing such legislatively mandated programs. I will also be 
working very closely with the committee to ensure that the mandates we 
have already passed are complied with by the Department of 
Transportation.

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