[Congressional Record Volume 144, Number 150 (Tuesday, October 20, 1998)]
[Extensions of Remarks]
[Pages E2246-E2248]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               TRANSFERRING THE OFFICE OF MOTOR CARRIERS

                                 ______
                                 

                           HON. FRANK R. WOLF

                              of virginia

                    in the house of representatives

                       Tuesday, October 20, 1998

  Mr. WOLF. Mr. Speaker, I rise today to bring to the attention of the 
House an important development in the safety of our nation's highways: 
transferring the Office of Motor Carriers (OMC) from the Federal 
Highway Administration (FHWA) to the National Highway Traffic Safety 
Administration (NHTSA).
  Mr. Speaker, as the members of the body know, the Office of Motor 
Carriers monitors an important component of our country's economy: the 
trucking industry. Not only does OMC monitor and enforce compliance 
with rules, regulations, and laws, it is expected to improve the safety 
of trucks that share the road with passenger vehicles.
  After learning alarming statistics about truck safety violations and 
truck accident rates, the House transportation appropriations 
subcommittee included a provision in the FY 1999

[[Page E2247]]

Department of Transportation appropriations legislation to transfer OMC 
to NHTSA. Our Senate colleagues agreed. That office transfer, in my 
opinion, is not only bold, but necessary. It will save lives.
  Now, we see, though, that the trucking industry lobby convinced some 
in Congress to strike the transfer provision from the omnibus 
appropriations legislation, which includes the transportation spending 
bill. I am extremely disappointed that the OMC provision has been 
dropped.
  I understand that assurances have been given that comprehensive 
hearings to investigate truck safety will be held early next year on 
this critical safety issue in both the House and Senate authorizing 
committees. I pledge, too, that the House transportation appropriations 
subcommittee will not let this matter drop. We will also hold hearings 
on highway and truck safety and how the mission of OMC could be 
enhanced by transferring the office to NHTSA.
  In addition, because the issue of truck safety is literally one of 
life and death, I have written the Inspector General at the Department 
of Transportation and the General Accounting Office asking that both 
investigate the truck safety issue. Copies of those letters are 
submitted for the record. I continue to believe that the Office of 
Motor Carriers should be transferred to the nation's top highway 
traffic safety office, and our colleagues should know that this matter 
will continue to be at the top of our agenda.
  With regard to the trucking industry, there can be no higher priority 
than improving safety. However, it is not clear that the industry 
believes safety is its number one priority. Let me share some alarming 
statistics with you:
  Commercial trucks represent just 3 percent of all registered vehicles 
in the United States, but they were involved in 13 percent of the total 
traffic fatalities in 1997.
  Over the past ten years, the fatal accident rate for all vehicles has 
been declining. However, commercial motor vehicle accidents, 
fatalities, and fatality rates are increasing. Last year 5,335 people 
died on U.S. roads in accidents involving heavy trucks. The national 
figure reflects a 4.5-percent increase in truck-related deaths from the 
prior year and is this decade's highest one-year tally so far.
  One out of eight traffic fatalities in 1997 resulted from a collision 
involving a large truck. Large trucks are more likely to be involved in 
fatal, multiple vehicle crashes.
  Over the past eight years, the Department of Transportation's Federal 
Highway Administration has not been able to significantly reduce the 
number of commercial motor vehicles or drivers operating on our 
roadways that are not fit to be in service. One in five trucks is 
operating with mechanical defects so serious that the truck is legally 
not allowed to continue the trip until the problems are corrected. 
Eight percent of the drivers are placed out-of-service. Neither of 
these statistics has altered significantly since 1990.
  In 1997, the Virginia State police conducted 42,256 motor carrier 
inspections. Of those trucks inspected, the state police found 25,221 
defects (60 percent) and 19,861 drivers in violation (46 percent). I 
submit for the Record a report I received from the Virginia State 
Police with those alarming statistics.
  The Department of Transportation's Inspector General (IG), in a 
review of the motor carrier safety program, concluded

     that FHWA's enforcement efforts were not effective in 
     inducing prompt and sustained compliance with regulations and 
     safe on-the-road performance. Seventy five percent of the 
     carriers sampled did not sustain a satisfactory rating, and 
     after a series of compliance reviews, 54 percent of the 
     carriers had vehicle out-of-service rates from roadside 
     inspections higher than the national average.

  There is a growing concern that trucks are dangerous. I want to be 
clear, though, that I believe many in the trucking industry work hard 
to maintain safe trucks. To be sure, however, there are a number of 
trucks operating on the nation's highways which are unsafe and 
dangerous. This concern is worsened by the fact that most of the fatal 
injuries in trucking accidents are to the occupants of the other, 
typically smaller, vehicle. It is because of these concerns that I, as 
chairman of the House Appropriations Subcommittee on Transportation, 
recommended moving OMC from FHWA to NHTSA, because the functions of OMC 
are much more closely aligned with those of NHTSA. The National Highway 
Traffic Safety Administration as its name implies, is focused on 
safety.
  Moving OMC to NHTSA would strengthen and consolidate the Department 
of Transportation vehicle safety programs. A single modal 
administration can provide a more consistent and synchronous safety 
program and agenda. An agency with a consolidated safety focus will see 
the entire safety picture rather than a system where one agency looks 
at truck safety and another looks at passenger care safety, as is 
currently in place. After all, trucks and cars share the same roads.
  With the striking of the OMC transfer provision, I believe, safety 
will be diminished and lives will be lost. More accidents will occur 
like the one last month in Knoxville, Tennessee. According to the 
accident report, a tractor-trailer came upon traffic stopped because of 
construction several miles ahead. The truck, running at almost 70 miles 
per hour, ran into the back of a sport utility vehicle, knocking it 
into a concrete barrier; sideswiped another tractor trailer while 
swerving into the right hand lane; and smashed into the back of a van, 
pushing it into the trailer of a third truck in front. The van 
immediately exploded. The lone occupant of the sport utility vehicle 
and the lone occupant of the van were killed immediately. None of the 
truck drivers were injured. This is emblematic of the fears most 
Americans hold for heavy trucks every day they are on the Nation's 
highways.
  Knowing that information about trucks on our highways just increases 
my disappointment that the office transfer will not occur this year. My 
view that such a move will save lives is also shared by The Washington 
Post, which said in a September 19, 1998, editorial:

       The office of motor carriers is responsible for truck 
     safety requirements such as the length and weight of the 
     vehicle and the time a trucker may drive; the logical home 
     for this office is in the agency that deals with other 
     vehicle safety issues.

  The full editorial is submitted for the Record.
  Our colleagues should also know I received a recent letter from an 
employee at OMC who said,

       I just want you to know that you have a great deal of 
     support from the actual workers within the Office of Motor 
     Carriers. * * * [T]he average investigator completes 1 
     compliance review per month. Last year it was 2.5 compliance 
     reviews per month and the year before it was more than five 
     compliance reviews per month and so forth. * * * I think OMC 
     should get moved to NHTSA. Clearly, nobody at the top within 
     the FHWA recognizes the importance of compliance and 
     enforcement. According to the impact assessment model 
     developed within OMC, compliance reviews save lives. Why 
     aren't we doing enough of these? * * *

  Mr. Speaker, indeed, why aren't we doing enough? I pledge to our 
colleagues that we will focus our effort and energy next year to 
shining the spotlight on truck safety in America, and to finding the 
answer to that critical question.

                                         House of Representatives,


                                  Committee on Appropriations,

                                 Washington, DC, October 20, 1998.
     Mr. Kenneth Mead,
     Inspector General, Department of Transportation, Washington, 
         DC.
       Dear Mr. Mead: I am writing to request that the Inspector 
     General (IG) update its 1997 audit report on the Motor 
     Carrier Safety Program. On March 26, 1997, you concluded 
     ``that FHWA's enforcement efforts were not effective in 
     inducing prompt and sustained compliance with regulations and 
     safe on-the-road performance. Seventy five percent of the 
     carriers sampled did not sustain a satisfactory rating, and 
     after a series of compliance reviews, 54 percent of the 
     carriers had vehicle out-of-service rates from roadside 
     inspections higher than the national average''.
       I have received information from Federal Highway 
     Administration (FHWA) employees who are concerned about the 
     level of compliance and enforcement activities being 
     conducted. This letter states that ``[T]he average 
     investigator completes 1 compliance review per month. Last 
     year, it was 2.5 compliance reviews per month, and the year 
     before it was more than 5 compliance reviews per month''. 
     Information our Subcommittee has obtained from the Federal 
     Highway Administration confirms this decline. I am concerned 
     that this is having a negative and growing impact on truck 
     safety. Your investigation should address, but not be limited 
     to, the following areas:
       1. A review of the number of compliance reviews conducted 
     by FHWA in fiscal years 1995, 1996, and 1997. As part of this 
     investigation, the IG should determine whether or not FHWA 
     has targeted poor performance carriers for these compliance 
     reviews and what impact these reviews have had on the overall 
     safety ratings of these carriers.
       2. An analysis of the enforcement actions taken by FHWA to 
     determine whether or not the enforcement program has been 
     strengthened since your earlier audit.
       3. A determination of the adequacy of the penalties 
     assessed for continued noncompliance.
       I would appreciate a briefing on this issue prior to our 
     hearing on the Federal Highway Administration's 200 federal 
     appropriations, which is tentatively scheduled for late 
     February or early March, 1999. A report should follow shortly 
     thereafter.
       If you have any questions about this request, please 
     contact Stephanie Gupta of the Subcommittee staff on (202) 
     225-2141.
           Sincerely,
                                                    Frank R. Wolf,
                                                         Chairman.


[[Page E2248]]

     
                                  ____


                                         House of Representatives,


                                  Committee on Appropriations,

                                 Washington, DC, October 20, 1998.
     Acting Comptroller General James Hinchman,
     General Accounting Office,
     Washington, DC
       Dear Mr. Hinchman: There is a growing concern that trucks 
     are dangerous. Currently, commercial trucks represent just 3 
     percent of all registered vehicles in the United States, but 
     they are involved in 13 percent of the total traffic 
     fatalities. Over the past ten years, the fatal accident rates 
     for all vehicles have been declining; however, commercial 
     motor vehicle accidents, fatalities, and fatality rates are 
     increasing.
       I am writing to request that the General Accounting Office 
     conduct an investigation on the effectiveness of the Federal 
     Highway Administration's motor carrier safety program in 
     reducing truck accident and truck safety violations in the 
     United States. This review should focus on trends since 1990.
       I would appreciate a briefing on this issue prior to our 
     hearing on the Federal Highway Administration's 2000 federal 
     appropriations, which is tentatively scheduled for late 
     February or early March. A report should be issued by June, 
     1999.
       If you have any questions about this request, please 
     contact Stephanie Gupta of the Subcommittee staff on (202) 
     225-2141
           Sincerely,
                                                    Frank R. Wolf,
                                                         Chairman.


     
                                  ____
                                         Commonwealth of Virginia,


                                   Department of State Police,

                             Fairfax Station, VA, August 28, 1998.
     Hon. Frank R. Wolf,
     Herndon, VA.
       Dear Congressman Wolf: On August 26, 1998, members of the 
     Coalition for Safe Roads met with you at your Herndon office 
     to discuss legislation relative to trucks with triple 
     trailers using our highways. I was invited to attend, and 
     spoke to you about the number of motor carrier checks our 
     troopers had conducted during 1997.
       During the meeting you expressed interest in the 
     statistical information the Virginia Department of State 
     Police had concerning motor carrier checks and the drivers 
     and trucks/buses placed out-of-service. I have outlined below 
     statistical information for both the entire State of Virginia 
     during the calendar year of 1997:

------------------------------------------------------------------------
               Inspection summary                  Statewide     NOVA
------------------------------------------------------------------------
Inspections conducted...........................      42,256      13,915
Drivers in violation............................      19,861       5,250
Defective vehicles..............................      25,221       7,721
Drivers taken out-of-service....................       3,627       1,034
Vehicles taken out-of-service...................       8,982       3,117
Out-of-service violations.......................      18,692       6,262
All other violations............................      90,269      24,660
------------------------------------------------------------------------

       The all other violations row above includes all 
     deficiencies found, and an arrest, summons or warning was 
     given.
       I greatly appreciate the opportunity to speak with you 
     about the issue of highway safety specifically as it relates 
     to trucks and tractor-trailers. Your support for highway 
     safety is most important in providing America's citizens a 
     safe means of travel. If my staff or I can be of assistance 
     to you, we may be contacted at 703-323-4500.
       Thanks again.
           Sincerely,

                                            Donald P. Garrett,

                                                          Captain,
                                         Division Seven Commander.


     
                                  ____
               [From the Washington Post, Sept. 19, 1998]

                     Road Safety--and Hill Pitfalls

       A House-Senate Transportation appropriations conference is 
     wrestling to resolve differences over two important highway 
     safety issues that shouldn't even be in dispute: the 
     identification of trucks carrying agricultural chemicals, and 
     a proposal to consolidate federal highway safety 
     responsibilities under a single agency best organized to do 
     the job.
       The battling over hazardous-materials warnings has to do 
     with a federal requirement that, effective Oct. 1, trucks 
     carrying agricultural chemicals such as fertilizer, 
     pesticides, herbicides and insecticides must carry placards 
     identifying the material on board and providing an emergency 
     telephone number. Rep. Frank Wolf (R-Va.), chairman of the 
     transportation appropriations subcommittee in the House, 
     explains that the placards will provide emergency response 
     teams with important information on the substances they are 
     called upon to handle. For instance, a truck carrying topsoil 
     should be handled quite differently from one transporting 
     ammonium nitrate.
       In the Senate bill, an exemption to the placard requirement 
     has been granted for a number of states. Opponents claim the 
     identification requirements burden farmers. It can't be much 
     of a financial burden, through: Advocates for Highway and 
     Auto Safety, which supports the requirement, calculates the 
     cost of 58 cents a placard. The lack of a placard advising 
     rescue teams of what is on board could cost lives. Dozens of 
     national and local firefighting units oppose any weakening of 
     the provisions.
       The second proposal involves more than a mere shift of 
     boxes on federal agency flow charts. It would relocate the 
     Transportation Department's Office of Motor Carriers--which 
     oversees trucking laws--from the Federal Highway 
     Administration to the National Highway Traffic Safety 
     Administration, which focuses on safety. The point: The 
     office of motor carriers is responsible for truck safety 
     requirements such as the length and weight of the vehicle and 
     the time that a trucker may drive; the logical home for this 
     office is in the agency that deals with other vehicle safety 
     issues.

     

                          ____________________