[Congressional Record Volume 148, Number 145 (Tuesday, November 12, 2002)]
[House]
[Pages H8083-H8085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
REAL INTERSTATE DRIVER EQUITY ACT OF 2001
Mr. PETRI. Mr. Speaker, I move to suspend the rules and concur in the
Senate amendments to the bill (H.R. 2546) to amend title 49, United
States Code, to prohibit States from requiring a license or fee on
account of the fact that a motor vehicle is providing interstate pre-
arranged ground transportation service, and for other purposes.
The Clerk read as follows:
Senate amendments: Page 3, strike out lines 1 through 7 and
insert:
``(i) transportation by the motor carrier from one State,
including intermediate stops, to a destination in another
State; or
``(ii) transportation by the motor carrier from one State,
including intermediate stops in another State, to a
destination in the original State.
``(2) Intermediate stop defined.--In this section, the term
`intermediate stop', with respect to transportation by a
motor carrier, means a pause in the transportation in order
for one or more passengers to engage in personal or business
activity, but only if the driver providing the transportation
to such passenger or passengers does not, before resuming the
transportation of such passenger (or at least 1 of such
passengers), provide transportation to any other person not
included among the passengers being transported when the
pause began.
Page 3, line 8, strike out ``(2)'' and insert ``(3)''
Page 3, line 18, strike out ``require'' and insert
``require, in a nondiscriminatory manner,''.
Page 3, line 22, after ``to'' insert ``pre-licensing drug
testing or''
Page 3, line 24, strike out all after ``domiciled,'' down
to and including ``or'' in line 25.
Page 4, line 2, after ``service,'' insert ``or by the motor
carrier providing such service,''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Wisconsin (Mr. Petri) and the gentleman from Minnesota (Mr. Oberstar)
each will control 20 minutes.
[[Page H8084]]
The Chair recognizes the gentleman from Wisconsin (Mr. Petri).
Mr. PETRI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the Real Interstate Driver Equity Act of 2001, known as
H.R. 2546, was introduced by our colleague the gentleman from Missouri
(Mr. Blunt). This legislation is needed to solve a problem that arises
when a for-hire vehicle, usually a limousine or sedan, travels across a
state line in interstate commerce.
As the law is written today, State and local jurisdictions can
require for-hire vehicles to be licensed in multiple States. In some
cases, if they do not pay for additional licenses, the for-hire vehicle
can only drop its passenger in another State. They cannot make
incidental stops or return the same passenger to his original departing
State.
For example, a traveler might arrange to be picked up at an airport.
On the way home to another State, a common occurrence in Washington,
D.C. and in many other communities, the traveler might wish to stop and
have dinner within the State he arrived in. This sounds reasonable.
What could be the objection? Unfortunately, that stopover could result
in the for-hire car being towed, ticketed and impounded. The traveler
would be stranded, the car service is left without a vehicle and faces
hundreds or even thousands of dollars in fines and in fees.
This is not a fair practice, and H.R. 2546 corrects the problem. For-
hire car services providing prearranged ground transportation should be
able to engage in interstate commerce. However, some restrictions
currently in place would still apply. For example, this legislation
does not allow a carrier to operate in another jurisdiction with new
clients that were not pre-arranged as though they were licensed within
that jurisdiction. The bill also protects the right of transportation
terminal operators to provide preferential access and for States to
require criminal background checks.
This bill does not provide any direct financial relief for the hard-
hit ground transportation industry. However, it does reduce an
unnecessary burden and will increase choice, sufficiency and
convenience for consumers.
The bill was reported by the House Committee on Transportation and
Infrastructure on November 7, 2001, and passed the House on November 13
of that year. Last month the Senate amended the bill slightly by more
specifically defining intermediate stops and making some other minor
technical corrections. These changes are agreeable to the House
sponsors of the legislation and to the Committee on Transportation and
Infrastructure, and I urge the House to pass H.R. 2546 today.
Mr. Speaker, I reserve the balance of my time.
Mr. OBERSTAR. Mr. Speaker, I yield myself such time as I may consume.
(Mr. OBERSTAR asked and was given permission to revise and extend his
remarks.)
Mr. OBERSTAR. Mr. Speaker, I express my great appreciation to the
distinguished gentleman from Wisconsin (Mr. Petri) for moving this
legislation, and, of course, to the Chair of the full committee for
moving the bill through subcommittee, the full committee and getting it
to the floor today.
This legislation bears a rather disarming title, the Real Interstate
Driver Equity Act. The title itself belies the rather intense feelings
that accompany this legislation and generated it, in fact, and that we
are able to bring the bill to the floor today is something of a marvel
in itself, because it really has meant bridging some very serious
differences among States.
The gentleman from Wisconsin (Mr. Petri), the chairman of the
subcommittee; the gentleman from Pennsylvania (Mr. Borski), the ranking
member; the gentleman from New Jersey (Mr. Pascrell) and the
gentlewoman from Nevada (Ms. Berkley), all have had a role, as has the
gentleman from New Jersey (Mr. Menendez) and the gentleman from New
York (Mr. Nadler), all of whom have had a hand in resolving this issue.
Under current law, for-hire limousines can be regulated by numerous
local jurisdictions while operating in pre-arranged interstate
commerce. Service usually involves short distance transportation
between neighboring States.
To avoid unnecessary duplication, the bill prohibits a State, a local
government or an interstate agency, from enacting or enforcing any
rule, whether a law or regulation, that requires a license or a fee on
a motor vehicle with a seating capacity not to exceed 15 passengers,
including driver, in providing prearranged ground transportation
services.
However, the State or local jurisdiction is not prohibited from
requiring a criminal background investigation prior to the driver
picking up a passenger within its jurisdiction. That was one of the
points of contention I am glad we were able to get resolved,
particularly in this era of concern about terrorism.
{time} 1530
The gentlewoman from Nevada (Ms. Berkley) raised an important issue
during committee consideration of the bill. To meet those concerns,
nothing in the bill will restrict the rights of a State or locality
from regulating limousine operators who enter competition with local
taxicab operators. States and localities retain the right to regulate
those kinds of operations. The bill provides that at intermediate
stops, interstate limousine drivers must not perform any transportation
service for an additional passenger or group of passengers while
waiting to carry their first passenger to his or her destination.
There are other provisions to reflect the Senate amendment that adds
clarifying language consistent with the legislative intent in the House
report.
Mr. Speaker, I rise in support of H.R. 2546, the Real Interstate
Driver Equity Act of 2001. I want to thank the chairman of our full
committee, Mr. Young, the Chairman and Ranking Member of our
Subcommittee, Mr. Petri and Mr. Borski, the gentleman from New Jersey,
Mr. Pascrell, and the gentlewoman from Nevada, Ms. Berkley, for their
support of this legislation. The committee worked on this bill for well
over 2 years and, finally, we have an agreement that has the support of
Members on both sides of the Capitol.
Under current law, for-hire limousines can be regulated by multiple
local jurisdictions while operating in prearranged interstate commerce.
This service generally involves short distance transportation between
neighboring states, and dual regulation has created confusion and
difficulties for the operators. To avoid unnecessary duplication of
regulation of these operations, this bill prohibits a State, local
government, or interstate agency from enacting or enforcing any rule,
whether it is a law or regulation, that requires a license or fee on a
motor vehicle with a seating capacity not exceeding 15 passengers,
including the driver, that is providing prearranged interstate ground
transportation service. However, a state or local government may not be
prohibited from requiring a criminal background investigation prior to
any driver picking up passengers within its jurisdiction for interstate
transportation. I believe that this is a sound approach, and I support
the bill.
The gentlelady from Nevada, Ms. Berkley, raised an important issue
during committee consideration of the bill. To meet her concerns,
nothing in the bill restricts the rights of a State or locality from
regulating limousine operators who enter into competition with local
taxicab operators. States and localities retain the right to regulate
these kinds of operations. The bill provides that at intermediate
stops, interstate limousine drivers must not perform any transportation
service for an additional passenger, or group of passengers, while
waiting to transport the first passenger to his or her destination.
To deal with other concerns that have been raised, the bill does not
prohibit airport, train, or bus terminal operators from providing
preferential access or facilities to one or more providers of pre-
arranged ground transportation service. In addition, the bill makes it
clear that taxicab services in a vehicle having a capacity of not more
than 8 passengers, including the driver, are exempt from the economic
and minimum liability regulations of the Federal Government.
The Senate amendment to the bill primarily adds clarifying language
consistent with the legislative intent expressed in the House report.
The only major substantive change involves pre-licensing drug testing.
The House passed bill reserves the right of a State or local government
to require a criminal background check of the driver. The Senate
amendments adds pre-licensing drug testing of drivers to the same
provision and provides that both are to be conducted by the State where
the driver is licensed, or by the motor carrier providing the service.
Mr. Speaker, I believe the Senate amendments improve the bill, and I
urge my colleagues to support final passage.
[[Page H8085]]
Mr. Speaker, I yield back the balance of my time.
Mr. PETRI. Mr. Speaker, I thought I would have another speaker in the
form of the gentleman from Missouri (Mr. Blunt), who is the author of
this bill, but he is at the White House at an important meeting, and I
am sure he will insert remarks in the Record outlining his support for
this legislation.
Mr. YOUNG of Alaska. Mr. Speaker, I rise in support of the Real
Interstate Driver Equity Act of 2001, H.R. 2546, as amended by the
Senate.
This legislation has been under consideration for more than 3 years
now, and I am glad that we have been able to find a fair and agreeable
solution in the waning days of the 107th Congress.
I want to especially recognize my colleague from Missouri, Mr. Blunt,
who sponsored this bill and has championed the cause of for-hire motor
carriers. I believe this legislation will remove barriers to passenger
choice and effective management of transportation services.
Mr. ANDREWS. Mr. Speaker, let me begin by thanking the gentleman from
Missouri Mr. Blunt, without whom this legislation would not have gotten
on the floor; his legislative skill and his partnership in this effort
are truly appreciated, and I thank the gentleman for his work.
I also want to thank my friend and constituent Don Kensey who first
brought this to my attention several years ago in my office in New
Jersey with various members of the National Limousine Association and
the South Jersey Limousine Association.
I am extremely pleased to see that the other body has favorably
passed H.R. 2546. The Real Interstate Driver Equity Act, REAL Act,
embodies the tireless efforts of many interested parties in upholding
Congress' long-standing commitment to the free-flow of goods and
services across this Nation. The unnecessary burdens of interstate
restrictions on the sedan and limousine industry, of which over 80
percent are small businesses, will now be removed with the passage of
H.R. 2546.
In a time where there is much uncertainty about the state of our
economy, this legislation provides small business owners with a chance
to compete on a fair playing field. Fairness, that is long overdue.
Again, I would like to extend my many thanks to the gentleman from
Missouri, Mr. Blunt, other colleagues and my constituents for their
underlying help in bringing the REAL Act to the House floor today. I
urge my colleagues to give an affirmative vote and pass this
legislation.
Mr. BLUNT. Mr. Speaker, traveling by limousine is increasingly
popular among business travelers who appreciate the security and
predictability that come with pre-arranged limousine and sedan service.
Women are increasingly turning to these services because they provide a
measure of safety and security that is not always found by hailing a
cab in a strange city.
A substantial portion of their service occurs interstate. Limousine
and other prearranged ground transportation service providers are
frequently assessed registration and licensing fees by these other
states. Enforcement of these requirements, including vehicle
impoundment and heavy fines, has caused tremendous hardship to drivers
and owners of these businesses, many of which are small, single vehicle
operations, over 80 percent, are 1- to 3-car operators grossing less
than $500,000 a year.
H.R. 2546 rectifies this burden. It prohibits states other than a
home licensing state from enacting or enforcing a law requiring a fee
or some other payment requirements on vehicles that provide prearranged
ground transportation service.
H.R. 2546 prohibits States or localities from restricting limousine
or sedan services if: (1) the service is registered with the Department
of Transportation as an interstate carrier; (2) the company meets all
the requirements of the state in which they are domicile or do
business; and (3) the limousine or sedan service is engaged in
providing pre-arranged transportation from one state to another,
including round trips.
Mr. PETRI. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Kolbe). The question is on the motion
offered by the gentleman from Wisconsin (Mr. Petri) that the House
suspend the rules and concur in the Senate amendments to the bill, H.R.
2546.
The question was taken; and (two-thirds having voted in favor
thereof) the rules were suspended and the Senate amendments were
concurred in.
A motion to reconsider was laid on the table.
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