ACTION ALERT
OPPOSE Amendments to HR 3 That Will Weaken Truck Safety and Truck Driver Health

During House and Senate consideration of the truck safety provisions included in the surface transportation reauthorization bill, HR 3, safety groups successfully fought off three dangerous amendments that would roll back safety. As a result, none of the three life-threatening amendments were included in either the House or Senate-passed bills. Nonetheless, leaders of the Federal Motor Carrier Safety Administration (FMCSA) are working hand in hand with the trucking industry to insert all three provisions in the final conference negotiations on HR 3. This is a sneaky, backroom assault on truck safety. We need your help immediately to contact Senate and House conferees to: Oppose Longer Work Days for Truck Drivers, Increasing the Hours Behind the Wheel of a Truck, Resulting In More Deaths and Injuries in Truck Crashes.

The National Highway Traffic Safety Administration (NHTSA) released data for 2004 that projects an alarming rise in large truck crash deaths over 2003. In 2004, the large truck collision toll was 5,169 deaths, a leap of nearly 4 percent - another 183 lives lost - in a single year. At the present rate, the FMCSA will not fulfill their goal, set in 1999 by the Secretary of Transportation, of cutting in half the number of deaths that occur annually in motor carrier-involved fatal crashes. This toll is much too great to tolerate and must be stopped and reversed. Rejecting special interest exemptions in this legislation is the only sensible and safe strategy.

TALKING POINTS
The 3 amendments would:

Mandate DOT’s original, flawed Hours of Service (HOS) rule;

Eliminate federal responsibility for health protection for truck drivers; and

Extend the driver workday to 16 hours. (Wal*Mart amendment)

DOT’s flawed Hours of Service (HOS) rule means more work, less safety, for drivers -- up to 77 hours in 7 days instead of the maximum 60 hours under the old rule. Under FAA rules commercial pilots can only fly a maximum of 30 hours a week.

The flawed HOS rule was recently overturned in Federal Court by a unanimous decision. A 3-judge panel of the U.S. Court of Appeals rejected in its entirety the government’s HOS rule stating that major aspects of the rule are not based on scientific evidence and that the rule contradicts DOT’s own findings of fact.

Congress has already mandated that the DOT issue a new HOS rule by 9/30/05. This amendment would strip any opportunity for public participation in rewriting a new HOS rule.

For over 20 years the DOT has had the responsibility to protect truck driver health. The occupation of truck driving has the highest fatality risk of any profession and susceptibility to serious diseases directly related to truck driving. The Court of Appeals ruled that DOT broke the law when it ignored the effect of longer driving hours and less time off-duty on the health of truck drivers. Through this amendment, DOT wants Congress to rewrite federal law to eliminate their responsibility for driver health protection.

The Wal*Mart amendment undermines truck safety by extending the driver workday to 16 hours, and allowing breaks to be taken “off the clock.” Driver on-duty time is already too long, and additional time “off the clock” will permit motor carriers, shippers and receivers to require truck drivers to spend even more time on the job than is even allowed by the flawed HOS rule. An America Online (AOL) poll found that 85% of respondents opposed the Wal*Mart amendment.

Act now to communicate your opposition to these key House and Senate Leaders in the Conference negotiations (see list below.) Urge them to oppose all 3 amendments to H.R.3 and put the brakes on back room deals that will diminish truck safety. Please phone or send a fax or, if you are a constituent, you can send an email through the legislator's website.

Alaska - Senate
Sen. Ted Stevens (R-AK) Ph: (202) 224-3004; Fax: (202) 224-2354 www.stevens.senate.gov/
Chairman of the Senate Committee on Commerce, Science, and Transportation

Hawaii - Senate
Sen. Daniel K. Inouye (D-HI) Ph: (202) 224-3934; Fax: (202) 224-6747 www.inouye.senate.gov/
Ranking Member of the Senate Committee on Commerce, Science, and Transportation

Mississippi - Senate
Sen. Trent Lott (R-MS) Ph: (202) 224-6253; Fax: (202) 224-2262 www.lott.senate.gov/
Chairman of the Senate Surface Transportation and Merchant Marine Subcommittee

Alaska - House
Rep. Don Young (R-AK) Ph: (202) 225-5765; Fax: (202) 225-0425 www.house.gov/donyoung
Chairman of the House Transportation and Infrastructure Committee

Minnesota - House
Rep. James Oberstar (D-MN) Ph: (202) 225-6211; Fax: (202) 225-0699 www.oberstar.house.gov
Ranking Member of the House Transportation and Infrastructure Committee

Please send a copy of your letter or email, and address any questions to: jgillan@saferoads.org or jgunderson@saferoads.org