STATEMENT OF ADMINISTRATOR
RAYMOND MARTINEZ
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
BEFORE THE
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
FAST ACT REAUTHORIZATION: TRANSPORTATION AND SAFETY ISSUES
JUNE 19, 2019
WRITTEN TESTIMONY
Chairman Wicker, Ranking Member Cantwell, and members of the Committee, thank you for inviting me to testify about the Federal Motor Carrier Safety Administration’s (FMCSA) work to improve motor carrier, driver, and commercial vehicle safety as we continue implementing the Fixing America’s Surface Transportation Act (FAST Act, PL 114-94). It is an honor to testify today before the Committee.
As you know, the primary mission of FMCSA is to reduce crashes, injuries, and fatalities involving large trucks and buses.
FMCSA was established as a separate administration within the U.S. Department of Transportation on January 1, 2000, pursuant to the Motor Carrier Safety Improvement Act of 1999. For more than 19 years, the 1,100 men and women of FMCSA have worked hard to ensure that freight and people move safely by providing oversight of motor carriers, commercial motor vehicles, and commercial drivers in the United States.
We regulate more than half a million interstate motor carriers, including truck and motorcoach companies, household goods carriers, hazardous materials carriers and nearly 4.7 million active holders of commercial drivers’ licenses.
FMCSA has worked diligently to implement rulemakings and make reports available to Congress, studies, and working groups as directed by the FAST Act as well as continue our ongoing safety and regulatory initiatives.
FMCSA is proceeding in the following ways;
One area, our Motor Carrier Safety Assistance Program, provides grant funding to support 13,000 State law enforcement partners who conduct 3.5 million commercial motor vehicle inspections each year. We thank Congress for the FAST Act changes that streamlined our grant programs and provided more flexibilities with the critical resources our State enforcement partners and other grantees use to carry out their important safety work.
We are also pleased to update you on our progress to refine how we use our motor carrier data. Section 5221 of the FAST Act required the National Academy of Sciences to conduct the Correlation Study of the Compliance, Safety, Accountability (CSA) program and its Safety Measurement System (SMS).
The Academy published its report in June 2017, including recommendations to improve FMCSA’s analysis and the data that feeds our safety systems and programs. We accepted the Academy’s recommendations and published our corrective action plan. In addition, we have gathered public input through a public meeting and established a standing committee with the National Academy to continue receiving their input and advice as we complete our actions.
How crashes are used in SMS has been a longstanding concern of drivers and motor carriers. To address those concerns, FMCSA launched a Crash Preventability Demonstration Program in July 2017 to review certain crashes scenarios to determine if the driver could have prevented the crash.
To date, more than 5,300 preventability determinations have been made on eligible crashes—and about 93 percent of them were found to be “Not Preventable.” While the current program is slated to run through July 2019, Secretary Elaine Chao recently indicated that we will be continuing the program and adding an additional group of crashes for consideration. FMCSA will be publishing a Federal Register notice explaining changes to the program and soliciting input from stakeholders.
Mr. Chairman, ensuring safe commercial motor vehicle operation means making sure drivers—both new drivers and experienced ones—are drug and alcohol free. The Drug and Alcohol Clearinghouse will move us closer to that goal.
As you know, in 2012, Congress directed the Secretary of Transportation to establish a national Clearinghouse containing commercial driver license holders’ violations of FMCSA’s drug and alcohol testing program as directed by Section 32402 of the Moving Ahead for Progress in the 21st Century Act (MAP-21). The final rule published in December 2016 established a January 2020 compliance date for the rule.
The Clearinghouse improves safety by identifying drivers who have committed either drug or alcohol violations that would make them ineligible to operate commercial motor vehicles, until they complete the required return-to-duty process.
In January 2020, the Clearinghouse will begin collecting positive test results and refusals. Once the Clearinghouse has three years of data, employers will only have to check the Clearinghouse for pre-employment and annual reviews. We have a dedicated website for those who want to learn more about the Clearinghouse and register to receive updates.
Along the same lines of making sure commercial vehicle drivers are operating safely, FMCSA is completing regulations to mandate Electronic Logging Devices (ELDs) to address Hours-of-Service (HOS) compliance, in accordance with FAST Act requirements.
The Congressionally-mandated ELD rule, published in December 2015, requires most drivers previously using paper logs to use ELDs to record information about their HOS. The final rule’s first compliance date was December 18, 2017, and full enforcement of the ELD rule began on April 1, 2018.
Of the nearly 300,000 driver inspections that have been conducted since April 1, 2018, less than one percent of drivers inspected have been cited for failing to have an ELD or grandfathered Automatic On-Board Recording Device (AOBRD) when required. Additionally, HOS violations have decreased by 52 percent over the last year.
Since 2018, we have conducted numerous outreach events regarding ELD requirements around the country. The last implementation deadline for companies using grandfathered AOBRDs is December 16, 2019.
Mr. Chairman, the ELDs have supplied us with more data, and some of that data highlighted areas of the current Hours-of-Service regulations that we may need to adjust or improve.
Last year, FMCSA requested public comments on (1) the short-haul HOS limit; (2) the HOS exception for adverse driving conditions; (3) the 30-minute rest break provision; and (4) the rule requiring drivers to spend eight consecutive hours in a sleeper berth. In response, we received more than 5,200 public comments during the comment period. Also last year, we conducted five public listening sessions around the nation concerning potential changes to the four HOS areas discussed in the notice.
As you may know, Secretary Chao announced recently that the Agency is moving forward with a proposed rule on HOS changes. Currently, this proposed rule is under review at the Office of Management and Budget. Please know that we want to provide greater flexibility for drivers while maintaining the highest degree of safety as we move forward with this work. We look forward to receiving comments on our proposal and then moving forward quickly to make the needed regulatory changes.
Collaborating with industry partners and safety stakeholders who represent the broad array of road users—including cars, trucks, buses, pedestrians, and cyclists—we amplify the message that we all can exist on our nation’s roadways. We recently launched a new series of videos, online content, and public safety announcements, all aimed at raising awareness for motorists operating around large trucks and buses. FMCSA is excited about this opportunity to work with our partners and stakeholders about the ways we can all be safer road users.
Finally, Mr. Chairman, you asked FMCSA to suggest ways to expand upon the FAST Act’s achievements. We have a suggestion for your consideration that would further our mission and contribute to safer drivers and roadways.
We know that the trucking industry must take proactive steps to continually improve its safety record. A suggested step would include studying the causes of truck-involved crashes in order to take appropriate countermeasures to reduce such crashes.
According to multiple studies, data, and other indicators, most large truck-involved crashes are the result of driver behaviors and errors. The data further indicates that other motorists—not professional truck drivers—are more likely to be at fault.
FMCSA and the National Highway Traffic Safety Administration (NHTSA) conducted the Large Truck Crash Causation Study (LTCCS) in 2001 to 2003. The Congressionally-mandated study examined the reasons for serious crashes involving large trucks (trucks with a gross vehicle weight rating over 10,000 pounds).
In the more than 15 years since the original study, many changes in technology, vehicle safety, driver behavior, and roadway design have occurred that affect driver performance.
Since the study ended in 2003, fatal crashes involving large trucks decreased until 2009 when they hit their lowest point in recent years (2,893 fatal crashes). Since 2009, fatal crashes involving large trucks have steadily increased to 4,237 fatal crashes in 2017, a 46.5 percent increase when compared to 2009. From 2016 to 2017, the number of large trucks involved in fatal crashes increased 10 percent, from 4,251 to 4,657.
Mr. Chairman, we believe that it is time for another causation study. A new LTCCS can help FMCSA identify factors that are contributing to the growth in fatal large truck crashes, and in both injury and property damage only (PDO) crashes. Analyzing these factors will drive new initiatives to reduce crashes on our nation’s roadways.
Mr. Chairman, the public expects a safe, efficient, and reliable transportation system. With your support, FMCSA employees—working with our partners and stakeholders—will continue to share this solemn commitment to preserving that reliable transportation system, as well as maintaining safety for all road users.
I would be happy to answer any questions you may have.