[Congressional Record (Bound Edition), Volume 146 (2000), Part 8]
[Senate]
[Page 11234]
[From the U.S. Government Publishing Office, www.gpo.gov]



                HOURS OF SERVICE PROVISIONS IN H.R. 4475

  Mr. CLELAND. Mr. President, I rise today to address the Hours of 
Service provision in H.R. 4475, the Department of Transportation 
appropriations bill. As directed by Congress, the Department of 
Transportation, and most recently the new Federal Motor Carrier Safety 
Administration (FMCSA), set out to examine the hours of service 
standard for motor carrier drivers that had been in effect since the 
1930s.
  As I stated in the Surface Transportation Subcommittee's hearing in 
September 1999, I am concerned about fatigued drivers on the road. The 
fatigue related accident I profiled at this hearing occurred August 31, 
1999 in Atlanta, and resulted in deadly consequences for the drivers of 
the truck. The accident occurred in the early morning hours and 
thankfully, no other automobiles were directly involved. However, daily 
commuters felt the effects during morning and afternoon rush hours, and 
the tragedy and frustration from incidents such as this accident 
resulted in Congress directing DOT to examine hours of service 
regulations.
  Admittedly, I have concerns about the effects of the proposed rule, 
but I do not believe that the appropriations bill is the proper vehicle 
through which to express concerns. I would like to remind my colleagues 
that the DOT has only issued a proposed rule. DOT is still accepting 
comments on this rule through October 31, 2000--an extension of the 
original date--and continues to hold hearings on the issue throughout 
the country. I believe these hearings have brought, and will continue 
to bring, potential problems to the attention of DOT officials. For 
example, during emergencies, utility drivers must restore service to 
customers. How do these rules apply to such drivers in these special 
situations?
  Congress directed DOT to evaluate the hours of service rules. Is this 
the best proposal? I am not convinced so, but I do believe DOT should 
be able to move forward with the prescribed process. The American 
driving public deserves the continuation of the hours of service reform 
process. The truck drivers want this collaborative process to continue. 
As this point, why should the Senate attempt to short-circuit the 
efforts of the FMCSA to reform the hours of service rule as directed by 
Congress?
  I do not support the prohibition on moving forward with the hours of 
service process, and I urge the conferees on H.R. 4475 to remove the 
hours of service provision from the final bill. Let's work together in 
thoroughly considering the best way to ensure the safety of automobile 
and truck drivers traveling America's roads.

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