SAFETY PROVISIONS IN SENATE COMMERCE, SCIENCE AND TRANSPORTATION COMMITTEE SURFACE TRANSPORTATION SAFETY REAUTHORIZATION ACT OF 2003
Section-By-Section Analysis

Traffic Safety
Sec. 104: Highway Safety Research and Outreach;
Sec. 107: Emergency Medical Services;
Sec. 109: Impaired Driving Program;
Sec. 111: NHTSA Accountability;
Amend: Grants for Improving Child Passenger Safety Programs (Booster seats);

Motor Vehicle Safety
Sec. 152: Load Capacity Labeling for Light Trucks;
Sec. 153: Vehicle Crash Ejection Prevention;
Sec. 154: Vehicle Backover Avoidance Technology Study;
Sec. 155: Data Collection of Deaths and Injuries Not Involving Traffic or Accidents;
Sec. 156: Aggressivity and Incompatibility Reduction Standard;
Sec. 157: Improved Crashworthiness;
Sec. 159: 15-Passenger Vans;
Sec. 160: Tires;
Sec. 161: Safety Belt Use Reminders;

Motor Carrier Safety
Sec. 202: Required Completion of Overdue Reports, Studies, and Rulemakings;
Sec. 223: Motor Carrier Safety Grants (MCSAP);
Sec. 224: Study of CDL Program;
Sec. 225: CDL Learner's Permit Program;
Sec. 227: Penalty for Denial of Access to Records;
Sec. 228: Medical Review Board and Medical Examiners;
Sec. 230: Financial Responsibility for Private Motor Carriers;
Sec. 231: Increased Penalties for Out-of-Service Violations and False Records;
Sec. 233: Intrastate Operations of Interstate Motor Carriers;
Sec. 234: Authority to Stop Commercial Motor Vehicles;
Sec. 235: Revocation of Operating Authority;
Sec. 236: Pattern of Safety Violations by Motor Carrier Management;
Sec. 237: Motor Carrier Research and Technology Program;
Sec. 238: Review of Commercial Zone Exemption Provision;
Sec. 240: Performance and Registration Information System Management;
Sec. 241: Commercial Vehicle Information Systems and Networks Deployment;
Sec. 242: Outreach and Education;
Amend: Application of Vehicle Safety Standards to Certain Foreign Motor Carriers;
Amend: Truck Length Limit and Extension of LCV freeze on NHS;

Hazardous Materials Safety
Sec. 422: Definitions;
Sec. 423: General Regulatory Authority;
Sec. 424: Limitation on issuance of hazardous materials licenses;
Sec. 429: Shipping Papers and Disclosure;
Sec. 432: Unsatisfactory Ratings;
Sec. 434: Training Curriculum for the Public Sector;
Sec. 437: Uniform forms and procedures;
Sec. 439: Hazardous Materials Transportation Safety and Security;
Sec. 442: Criminal Penalties;
Sec. 443: Preemption;
Sec. 461: Administrative Authority for Research and Special Programs Administration;
Sec. 464: Cargo inspection program;
Sec. 465: Information on hazardous materials registrations;
Sec. 466: Applying Hazardous Materials Regulations to Persons Who Reject HazMat;
Amend: Background checks for Mexican and Canadian drivers of hazardous materials.

Anti-Safety Provisions
Sec. 229: Operation of Commercial Motor Vehicles by Persons Who Use Insulin to Treat Diabete Mellitus;
Amend: Exemption of Drivers of Utility Service Vehicles (from Hours-of-Service);
Amend: Operation of Commercial Motor Vehicles Transporting Agricultural Commodities and Farm Supplies.

TRAFFIC SAFETY PROVISIONS

Sec. 104 Highway Safety Research and Outreach
On-Scene Motor Vehicle Collision Causation: National Academy of Sciences to review research design of NHTSA crash causation study.

Traffic safety campaigns: Requires NHTSA to conduct 3 high-visibility traffic safety law enforcement campaigns in each year starting in 2004 until 2009; The objectives of the traffic safety campaigns are either to reduce alcohol- or drug-impaired driving, or to increase seat belt use, or both; $24M is authorized to fund the campaigns.

Older driver safety issues: Secretary is required to develop an older driver traffic safety plan to guide the design and implementation of a comprehensive research and demonstration program to improve traffic safety pertaining to older drivers.

Police chase training: Secretary is required to carry out a program to train state and local law enforcement personnel in police chase techniques; States are required to certify under Sec. 402 that all state and local law enforcement agencies in the state adhere to established police chase guidelines.

Sec. 107. Emergency Medical Services
Establishes federal interagency committee on emergency medical services (EMS) to ensure coordination among federal agencies and facilitate improvements in EMS programs nationwide; NHTSA to coordinate nationwide EMS program to strengthen transportation safety and public health and implement improved EMS communication systems.

Sec. 109. Impaired Driving Program
Reauthorizes Sec. 410 program with new activities including: Participating states to conduct high-visibility impaired driving interdiction campaigns using either check-points or saturation patrol techniques; Use of heightened prosecution and judicial scrutiny of impaired driving cases and repeat offenders; Establishment of state impaired operation information system to track impaired driver cases and dispositions; 10 states with highest impaired driving fatality-rate to receive double grant amount of other states.

Sec. 111. NHTSA Accountability
Requires NHTSA to review state highway safety (Sec. 402) programs every 3 years to ensure effectiveness of state program expenditures.

Fitzgerald Amendment:
Sec. __. Grants for Improving Child Passenger Safety Programs (Booster Seats): Provides $18M, increasing to $30M, annually to be shared by states with booster seat laws; Grant program is authorized from FY2006 through FY2009; States must spend 50% of grant on enforcement, education or public awareness, and 50% of grant to fund child restraint (booster seats and safety seats) give away programs.

MOTOR VEHICLE SAFETY PROVISIONS

Sec. 152. Load Carrying Capacity of Light Trucks
Requires that by September 30, 2005, light trucks display consumer information label stating vehicle's maximum weight carrying capacity; Final rule must be issued by June 30, 2005.

Sec. 153. Crash Ejection Prevention
Requires rule to reduce complete and partial occupant ejection from passenger vehicles;Rule to be based on use of safety technologies including combined capabilities of advanced glazing, side curtains, and side impact air bags; Rule to address improvements in door locks, latches and other components to prevent ejection; Final rule must be issued by June 30, 2006.

Sec. 154. Backover Avoidance Technology Study
Requires study of methods to reduce death and injuries resulting from vehicles backing into pedestrians; Study to analyze and compare backover prevention technologies, and provide estimated cost benefits of reduction in deaths, injuries, and vehicle damage;
Study to be submitted to Congress by Dec. 31, 2005.

Sec. 155. Backover Data Collection
Authorizes NHTSA to establish a method to collect and maintain data on the number and types of injuries and deaths involving motor vehicles in non-traffic, non-accident incidents.

Sec. 156. Aggressivity and Incompatibility Reduction Standard
Requires safety standards to reduce vehicle incompatibility/aggressivity; Requires development of a standard metric to evaluate and rate comparative incompatibility/aggressivity among different vehicles; Requires development of public information program including ratings based on risk to vehicle occupant and risk to occupants of other vehicles; Final rule required by Dec. 31, 2007.

Sec. 157. Improved Crashworthiness of Passenger Motor Vehicles
Requires rollover crashworthiness standard that includes dynamic roof crush, improved seat structure and safety belt design (including seat belt pretensioners and load limiters), side impact head protection airbags, and roof injury protection measures; Requires rollover resistance standard that includes improvements on the basic design characteristics of passenger vehicles to reduce rollover; Requires improvement in frontal impact protection for all occupants by evaluating need for additional test procedures, barriers, and injury and impact criteria; Requires improvement in side impact protection for all occupants by evaluating test barriers and head and neck injury measurements, need for additional test dummies, and review of impact criteria; Final rule to be issued by March 31, 2006.

Sec. 159. Safety of 15-Passenger Vans
Requires 15-Passenger vans to meet all occupant protection and crash avoidance safety standards applicable to passenger vehicles that weigh 10,000 lbs or less; Requires NHTSA to include all passenger vans in dynamic rollover testing program and in the New Car Assessment Program (NCAP); Requires evaluation of technology that would improve driver control of 15-Passenger vans; Requires FMCSA to issue and implement rule applying federal motor carrier safety regulations to 15-Passenger vans used in commercial operations; Final rule to be issued by September 31, 2004.

Sec. 160. Tire Safety
Provides that consumers who replaced defective tires at their own cost before announcement of recall can obtain reimbursement up to 6 months after last recall defect notice is mailed to owners; Requires tire safety performance standard that includes criteria for strength and road hazard protection, resistance to bead unseating, and aging; Final rule to be issued by June 1, 2005 and take effect June 1, 2007.

Sec. 161. Safety Belt Use Reminders
Requires rulemaking to address potential benefits of alternative means to encourage seat belt use by front occupants through intermittent or continuous audible or visual reminder technology; Authorizes amendment of Standard 208 to require reminder technology; Final rule to be issued 24 months after enactment.

MOTOR CARRIER SAFETY PROVISIONS

Sec. 202. Required Completion of Overdue Reports, Studies, and Rulemakings
Requires FMCSA to complete and issue, within 36 months, delayed rulemaking actions, studies, reports, and pilot programs previously required by Congress; Imposes $3M penalty, to be taken from FMCSA administrative fund and applied to increase number of safety motor carrier compliance reviews, for failure to complete any portion of listed actions in timely fashion; Requires FMCSA to submit reports to Congress on other unfinished topics.

Sec. 223. Motor Carrier Safety Grants
Increases border enforcement grant amounts to upgrade border motor carrier safety and security inspection and interdiction;

Increases funding for performance and registration information system management grant program and for commercial driver license (CDL) improvements;

Increases Motor Carrier Safety Assistance Program (MCSAP) grants and provides for improved licensing and training practices;

Requires that any commercial motor vehicle found working without appropriate operating authority or outside the geographical boundaries of its operating authority be immediately placed Out-Of- Service;

Provides that state administrative expenses for conducting oversight and approval of new motor carriers (new entrants) may be allocated without requiring a matching state and local government grant;

Provides additional discretionary funds to states and local governments to conduct high priority safety activities such as public education actions and demonstration of new safety technologies;

Provides safety incentive grants up to 10 percent of each state's allocation for state actions that result in reductions in the number and rate of fatal crashes involving commercial motor vehicles;

Provides new entrant safety audit funds to the states, but authorizes the Secretary to withhold funds for any state or local government unable to allocate sufficient personnel to conduct new entrant audits and instead to apply the funds to conduct additional safety audits of all motor carriers;

Adopts strong sanctions for the Secretary to use against states that fail to comply with federal CDL program requirements.

Amends the primary funding source of the MCSAP providing federal funds to the states for their truck and bus safety inspection and enforcement programs by:

Sec. 224. Study of CDL Program and CDL Working Group
Provision mandates federal government formation of a working group, including requiring membership of safety advocates, to study and address current problems with the CDL program.

Sec. 225. CDL Learner's Permit Program
Adds new requirements that increase the stringency of testing an applicant for a Learner's Permit to operate a commercial motor vehicle.

Sec. 227. Penalty for Denial of Access to Records
Adds a new penalty provision for sanctioning members of the motor carrier supply chain (motor carriers, brokers, freight forwarders) that refuse to provide access to records, equipment, lands, buildings, or other property in connection with enforcement investigations and actions.

Sec. 228. Medical Review Board and Medical Examiners.
Requires major improvements in FMCSA administration of the approval and oversight process of physically qualifying CDL applicants and current license holders through medical qualifications: Establishes a Medical Review Board advisory committee; Requires a Chief Medical Examiner as a permanent officer of the agency; Requires FMCSA to adopt new, revised medical standards for CDL holders; Requires medical examiners who must receive agency-specified training; Requires a national registry of certified health care providers to perform CDL-related medical examinations; Requires consultation and working arrangements with the Federal Aviation Administration (FAA) with regard to the FAA airman certification program and its application to the commercial driver physical fitness oversight and approval process; Allows the medical examiners used for the physical examinations of CDL applicants and holders to be FAA medical examiners.

Sec. 230. Financial Responsibility for Private Motor Carriers
Directs the Secretary to prescribe regulations requiring minimum levels of financial responsibility for liability awards against private motor carriers of passengers and of property, including required filing of such information with the Secretary.

Sec. 231. Increased Penalties for Out-Of-Service Violations and False Records
Increases penalties for motor carriers that fail to produce required records, produce false records, or violate Out-Of-Service (OOS) orders for vehicles or drivers.

Sec. 233. Intrastate Operations of Interstate Motor Carriers
Provides that the Secretary shall prohibit a carrier from operating in interstate commerce when any state receiving MCSAP funds determines that a motor carrier is unfit for, and prohibited from, operating in intrastate commerce.

Sec. 234. Authority to Stop Commercial Motor Vehicles
Provides that motor carriers are required to stop and submit to inspection at any time by the FMCSA on penalty of fine or imprisonment, or both.

Sec. 235. Revocation of Operating Authority
Extends coverage of FMCSA jurisdiction over other members of the motor carriers supply chain, including broker and freight forwarders, for violations of orders and regulations prescribed by the agency;
Permits the FMCSA to revoke the registration of any member of the supply chain that fails to comply with motor carrier safety fitness requirements.

Sec. 236. Pattern of Safety Violations by Motor Carrier Management
Provides for Secretarial authority to suspend, amend, or revoke any part of a motor carrier's registration for operating authority if an officer of any motor carrier avoids regulatory compliance or conceals noncompliance.

Sec. 237. Motor Carrier Research and Technology Program
Establishes a broad research and technology enhancement program to be conducted by the Secretary that includes methods of reducing the number and severity of crashes, testing of promising technologies for achieving crash reductions, and training and education of commercial motor vehicle safety personnel; The research and testing effort may be carried out in cooperation with state, local, and foreign governments and with non-governmental organizations.

Sec. 238. Review of Commercial Zone Exemption Provision
Directs the Secretary to review the purpose of the current commercial zone exemptions other than the border zones that permit noncompliance with certain Federal Motor Carrier Safety Regulations, and to report findings to Congress.

Sec. 240. Performance and Registration Information System Management
Requires linkage of federal motor carrier safety information systems with state registration and licensing systems for rapid determination of carrier safety fitness and of actions to deny, suspend, or revoke commercial motor vehicles registrations; Provides for Secretarial grants to states to implement performance and registration system management requirements.

Sec. 241. Commercial Vehicle Information Systems and Networks Deployment (CVISN)
Provides for CVISN program grants to the states to improve the safety of commercial motor vehicles and drivers by advancing the technological capability and deployment of interoperable intelligent transportation system applications to commercial motor vehicles operations and by enhancing motor carrier regulatory compliance;
Requires creation and maintenance of a safety information exchange to electronically collect and transmit vehicle and driver inspection data from inspection locations; Requires state capability to conduct roadside electronic screening of transponder-equipped commercial motor vehicles.

Sec. 242. Outreach and Education
Assigns joint responsibility for truck safety education efforts, such as the "Share the Road" initiative, to both FMCSA and NHTSA and awards 75% of the funding for administering those efforts to NHTSA.

Lautenberg Amendment:
Sec. __. Truck Length Limits on National Highway System
Freezes trailer/semi-trailer lengths at the maximum permitted in each state on or before June 1, 2003, for the National Highway System (consisting of the Interstate System plus 118,000 additional miles of designated priority highways).

Lautenberg Amendment:
Sec. __. Operation of Longer Combination Vehicles on National Highway System
Extends 1991 ISTEA freeze on operation of Longer Combination Vehicles (LCVs) legally used in each state on or before June 1, 2003, from the 42,500 miles Interstate System to the 160,00 miles National Highway System.

Dorgan Amendment:
Sec. __. Application of Safety Standards to Certain Foreign Motor Carriers
Reaffirms current law requiring each vehicle of a motor carrier entering the U.S. from a foreign country to bear appropriate certification of its date of manufacture in order to determine whether it complies with all applicable Federal Motor Vehicle Safety Standards (FMVSS) issued and administered by NHTSA;
Codifies NHTSA interpretation that term "import" applies to commercial vehicles entering U.S. for business trade purposes;
Prohibits the Secretary from issuing any regulation that delays the application of such certification requirements for a foreign motor carrier.

HAZARDOUS MATERIALS TRANSPORTATION SAFETY PROVISIONS

Sec. 422. Definitions
Expands meaning of 'hazmat employee,' 'hazmat employer,' and the scope of term 'motor carrier' to include other members of the supply chain, including brokers and freight forwarders.

Sec. 423. General Regulatory Authority
Expands U.S. DOT jurisdiction over specific hazardous materials including: infectious substances; flammable or combustible liquids, solids, and gases; and toxic, oxidizing, and corrosive materials.
Expands the concept of persons subject to hazmat regulation to include any person preparing, accepting, responsible for, transporting, manufacturing, designing, inspecting, reconditioning, marking, or repairing hazmat packaging, or certifying compliance with federal hazmat regulations.

Sec. 424. Limitation on Issuance of Hazardous Materials Licenses
Provides DOT Secretary with the authority to expand the list of chemical and biological agents necessary for regulation as hazardous materials if considered a security threat.

Sec. 429. Shipping Papers and Disclosure
Requires retention of paper or electronic versions of hazmat shipping papers for a minimum of 3 years after submission to a carrier.

Sec. 432. Unsatisfactory Safety Ratings
Violations of the safety fitness requirements of 49 USC 31144 shall be regarded by the Secretary as prima facie violations of the hazmat regulations of 49 USC Chaper 51.

Sec. 434. Training Curriculum for the Public Sector
Mandates improved, multi-agency coordinated training for public sector emergency response personnel.

Sec. 437. Uniform Forms and Procedures
Provides Secretary with authority to institute a nationwide uniform system of state permits for hazardous materials motor carrier transportation; Secretary may remove differences among states in carrying out activities pursuant to a system of permits while allowing deviations from federal uniformity, thereby permitting individual states to have more stringent safety requirements.

Sec. 439. Hazardous Materials Transportation Safety and Security
Expands Secretary's authority to investigate and take other actions, including research and training, to improve the safety of hazmat transportation;

Requires production of records, reports, property, and any information demanded by the Secretary or the Secretary's agents needed for inspections or investigations, including removal of any item in a shipment if it is judged to pose an imminent hazard;

Directs the Secretary to construct a facility with technical staff for evaluating risks related to the transportation of hazmat, including any material that might be hazmat, and authorizes the Secretary to award grants to any person to expand such risk assessment and to improve emergency response capabilities through research, development, and training activities;

Requires the Secretary to transmit a report every 2 years to Congress on hazmat incidents, regulatory actions, permits, enforcement effectiveness, ongoing problems, and any recommendations, and to submit a report every 3 years on all hazmat shipments, deliveries, and movements by tonnage, mode, and whether domestic or foreign transport;

Directs the Secretary to withhold sensitive security information concerning any hazmat vulnerable to attack on U.S. people or property.

Sec. 442. Criminal Penalties
Provides for new, additional penalty of up to 20 years imprisonment for knowing or willful violations of any hazmat regulation, permit, or approval, that results in the release of hazmat.

Sec. 443. Preemption
Allows the Secretary to waive pre-emption of state differences in hazardous materials transportation requirements, including enforcement standards, if security considerations dictate allowing state deviation from uniform hazardous materials transportation procedures and practices.

Sec. 461. Administrative Authority for Research and Special Programs Administration (RSPA)
Expands RSPA authority to enter into grants and cooperative agreements with any person to conduct hazmat-related transportation research; Authorizes withholding of hazmat-related research or other information revealing systemic vulnerability of transportation service or infrastructure.

Sec. 464. Cargo Inspection Program
Increases the rate and frequency of hazardous materials cargo inspections of foreign motor carriers entering the U.S.

Sec. 465. Information on Hazardous Materials Registrations
Requires that the RSPA immediately notify the FMCSA of each motor carrier that has registered with RSPA to transport placardable quantities of hazardous materials.

Sec. 466. Report on Applying Hazardous Materials Regulations to Persons Who Reject Hazardous Materials
Within 6 months ater the date of enactment, the Secretary shall complete an assessment of the costs and benefits of subjecting persons who reject hazardous material for transportation in commerce to the hazardous materials laws and regulations.

Dorgan Amendment:
Sec. __. Background Checks for Mexican and Canadian Drivers Hauling Hazardous Materials
Requires background records check of each driver of any commercial motor vehicle seeking entry into the U.S. that is transporting hazardous materials, as defined by the Secretary.

ANTI-SAFETY PROVISIONS

Sec. 229. Operation of Commercial Motor Vehicles by Persons Who Use Insulin to Treat Diabetes Mellitus
Requires Secretary to issue rule to allow individuals who use intravenous injections of insulin to treat diabetes to be allowed to operate trucks and buses in interstate commerce; The rule may not be limited only to individuals who use insulin to treat diabetes who have prior experience driving a truck and/or bus; The rule may require individuals with insulin treated diabetes to have used insulin for a minimum period of time and to have demonstrated stable control of diabetes while using insulin.

Burns Amendment:
Sec. __. Exemption of Drivers of Utility Service Vehicles
Exempts drivers of utility service vehicles from all federal, state and local hours of service requirements.

Burns Amendment:
Sec. __. Operation of Commercial Motor Vehicles Transporting Agricultural Commodities and Farm Supplies
Amends National Highway System Designation Act of 1995 to eliminate the Secretary's authority to determine whether an exemption for the transportation of agricultural commodities and farm supplies is in the public interest and would have a significant adverse affect on commercial motor vehicle safety; Defines term 'agricultural commodity' to mean any agricultural commodity, food, feed, fiber, or livestock.

For more information, contact Advocates for Highway and Auto Safety (202) 408-1711.