requiring employers to do the random testing and owner-operators to make arrange-
ments to test themselves.
Random testing should be a part of the roadside inspection program. We urge this
Committee to amend the Omnibus Act and improve highway safety by requiring
random drug and alcohol testing to be done by law enforcement officers at roadside.
USE CDL TESTS TO MONITOR DRIVER SKILLS
When the CDL system was created in 1986, it allowed drivers to obtain CDLs
without taking a driving skills test, if the driver had been driving commercial vehi-
cles under a valid state license. These so-called "grandfather rights" recognized the
practical reality that there were not enough testing facilities to retest the more than
5 million existing commercial drivers.
It is time for Congress to revisit the issue of retesting driver skills. License re-
newal is an excellent time to ensure that the driver is maintaining his driving skills
and to identify drivers who need additional training.
DEVELOPMENT OF FATIGUE COUNTERMEASURES
The ATA Foundation is conducting a major study on this issue as a contractor
for FHWA. This study will assess the efTects on drivers who operate regular sched-
ules and the efTects a driver's age has on performance. It will also answer questions
concerning the quantity and quality of sleep and its effect on driver performance
and levels of alertness.
We need to move ahead to address issues of driver fatigue by looking at practical
measures to improve driver performance. We believe that drivers can be taught to
recognize the early signs of fatigue such as misjudgment of speed, crossing marked
lines, slow responses and yawning. Once these events occur drivers should rest.
The education of millions of drivers on how to recognize the onset of fatigue, mo-
notony, or boredom and their countermeasures involves driver training and massive
educational programs. The Office of Motor Carriers has an Educational and Tech-
nical Assistance program already in place. We feel that an educational program on
fatigue countermeasures would be a subject that could have a major impact on fa-
tigue related mishaps.
MANDATORY RELEASE OF DRIVER INFORMATION
Motor carriers are facing a difficult time in obtaining driver safety records from
previous employers. Past behavior is one of the best predictors we now have to make
the all-important decision of hiring or not hiring a driver. The CDL record is a help,
of course, but, at best, the CDL is a record of only convictions and lacks important
information involving accidents, as well as other information such as was the driver
a good driver or was the driver terminated by the previous employer for cause. The
Federal Motor Carrier Safety Regulations require an employer to make an inquiry
in the driver-applicant's previous employment record for three years. However, the
regulations do not require the prior employer to release the information in the driv-
ers file. Many employers do not release information because they are concerned that
releasing information could lead to litigation. So, company policy often is to release
no information other than the driver was employed between two dates.
As part of the recent amendments to the Hazardous Materials Transportation Act,
this Committee required prior employers to release drug testing information about
former drivers. Legislation is needed requiring the release of all other relevant pre-
vious employment information when the request is made pursuant to a requirement
of the Federal Highway Administration.
ROAD WATCH PROGRAM — A SAFETY PARTNERSHIP
I am pleased to report that industry and government recently signed an agree-
ment to use the eyes, ears and communications tools of the trucking industry in ten
states to improve highway safety.
Based on an existing program in Pennsylvania, "Road Watch" enlists commercial
truck drivers to report reckless driving, vehicle breakdowns, and other safety relat-
ed incidents to state police. More than 45 motor carriers and 2,300 truck drivers
72
participate in the Pennsylvania version of the program, known as "Pike Watch." To
participate, truck drivers take a short training course that is conducted by a police
ofiicer or a police-trained company official. Truck drivers are then encouraged to no-
tify state police via citizens band radio or cellular phone of incidents they observe
on the highway.
Since October 1990, several hundred incidents have been reported to the Penn-
sylvania state police by Pike Watch participating truck drivers. The Pennsylvania
state police have made more than a dozen arrests including persons charged with
murder, robbery, hit-and-run, brandishing firearms at other motorists, driving
under the influence of alcohol, and possession of stolen property.
The Road Watch program is designed to:
• reduce police response times to safety-related highway incidents;
• reduce the number of highway accidents;
• help stranded motorists; and
• test the feasibility of a 50-state program modeled after "Pike Watch."
The ATA Foundation staff will work with state trucking associations, state police,
and motor carriers to build the state "Road Watch" programs. The Federal Highway
Administration will provide federal funds to help launch these programs. We see
this kind of program as a win/win result. Police can use truck drivers for additional
eyes and ears and the truck driver can contribute to the safety of other highway
users.
CONCLUSIONS
ATA has in the past, and will continue to support new safety programs that will
enhance commercial motor vehicle safety. We have fought hard for programs that
showed promise of increased safety. The results of these labors can be seen in acci-
dent trend data that show a steady decrease in truck accident rates.
• Common sense must be an element in any new program consideration. We are
not seeing this in the new alcohol and drug testing rules that will not allow for the
most effective method of deterring drug and alcohol use — random roadside testing,
and testing for alcohol use that is legal, and this will cost the industry millions dol-
lars during the first year. These are dollars that could be used more effectively in
other safety programs.
• The Commercial Driver's License program is the foundation for identifying and
keeping unfit drivers off of our highways. We are concerned that there appear to
be flaws in the program. Any break-down in the CDL information system needs to
be investigated immediately and corrective action taken.
• While we support the antilock braking systems on trucks, we believe that the
mandated dates for compliance and the lack of a performance standard can only re-
sult in serious setbacks in the years ahead.
• Roadside inspection is the best way to remove unsafe vehicles from our high-
ways and the best deterrent for motor carriers not to operate a defective vehicle.
This program must remain dedicated to safety and not become a formula to enrich
the coffers of states or any political subdivision of the state.
• The safety rating process cannot become out-dated. The rating must be fair and
accurate and based on factors that truly identify unsafe motor carriers.
• More attention and efforts need to be taken to improve and use fatigue counter-
measures.
• The time has come to expand the types of information that are disclosed by
prior employers.
• Expansion of the Road Watch Program will improve highway safety and draw
on the communications capability of the truck driving industry.
Thank you for the opportunity to present these important safety issues to this
Subcommittee. I would be pleased to answer any questions.
Senator EXON. In the interest of time, I will have a few questions
which I will submit to you for the record
Mr. DONOHUE. That will be fine.
Senator ExoN [continuing]. And I would like to have you get
back to us with your responses as quickly as you can.
I just want to thank you for the good working relationship you
have had with this committee for a long, long time. Naturally, we
do not always agree. But, I want to compliment you for the forth-
coming attitude which we have found on a whole series of safety
73
matters from the great organization you represent. We always
want to take a look at your recommendations.
You and I have talked previously, and I tend to agree that we
can do — have a better means of testing for drunken drivers or po-
tential drunken drivers than what we have today. I have discussed
this issue with the Secretary over there. They have not made any
new determination yet. I am hopeful that we can get this matter
resolved because I think we are all talking about the same propo-
sition there, "How best do we identify and keep the people who
have a drinking problem from driving trucks of any kind?"
You know, I think everybody can agree with this. We will be
working in coordination with you on this.
I know there has been a long-term frustration in the trucking in-
dustry wiht regard to not being able to go back to previous employ-
ers to get information on safety records. Were you aware that the
HAZMAT bill which I authored here which was passed and has
been signed into law, corrected that? Are you familiar with that
clause in the HAZMAT bill?
Mr. DoNOHUE. Yes. Mr. Collins, who is the expert on all of this
having previously been the lawyer at DOT, said that is correct, sir.
The legal authority for DOT to fix the problem is in the bill and
we wait anxiously for DOT to issue regulations to make it possible.
We cannot do it yet. We just think that the more information we
have, the fewer bad drivers we will have on the road. And we ap-
preciate your help on that.
Senator EXON. There is no question about that. You know, just
on the face of it, we certainly do not want drunk drivers, nor do
we want drivers with bad safety records. I would suspect that if we
had the statistics at hand, we would find that there are more acci-
dents caused by careless drivers who have bad habits as much or
more as those with drinking problems.
So, it is absolutely critical that all of the documentation be avail-
able. I hope that DOT will move very rapidly on this siutation.
Again, I think we see eye to eye on this.
With that, thank you very much for being here.
Mr. DoNOHUE. Thank you, Mr. Chairman.
Senator ExoN. This hearing is adjourned.
[Whereupon, at 11:50 a.m., the hearing was adjourned.]
APPENDIX
Prepared Statement of the National Industrial Transportation League
The National Industrial Transportation League respectfully submits these com-
ments on the issue of Truck Lengths and Safety. The League supports the safe
transportation of goods by truck. The League also supports the nation's weight and
other highway dimensional laws. Our policies have long condemned violation of the
nation's nighway weight laws, and urged shippers to cooperate actively in efforts to
eliminate abuses. The League opposes, however, any attempt to freeze or even turn
the clock back on improvements to the safe and eflicient movement of freight in this
country. While there is an 80,000 pound weight restriction on Interstate Highways,
the federal government has never regulated weights ofT the Interstates. Depending
on the final NHS route designation, this proposed federal intervention could extend
to state, county, and even city roads.
IDENTITY OF THE NATIONAL INDUSTRIAL TRANSPORTATION LEAGUE
The League is the nation's oldest and largest shippers' transportation association
and represents the broad spectrum of shippers and other users of freight transpor-
tation services. League members include small, medium, and large companies using
all modes of transportation to move goods in intrastate, interstate, and international
commerce.
BACKGROUND
Congressman James Oberstar (D-MN) has taken a particular interest in this issue
and on May 25, 1994 introduced legislation which would prohibit states from reg-
istering any trailer, semi-trailer, container, or other cargo-carrying unit that is
longer than 53-feet for operation on the Interstate Highway System and those roads
designated as part of the National Highway System. The legislation would also pro-
hibit the operation of any vehicle or combination (other than longer combination ve-
hicles) not in conformance with the Interstate weight limits. ^ The legislation also
calls into question states' ability to issue over-weight and over-dimensional permits
for non-divisible loads.
Representative Oberstar's approach would overturn the laws of 27 states on
weight limits and 28 states on length limits. These laws allow mining products to
move from West Virginia, agricultural commodities from farms in Wisconsin and
Idaho, steel to move from steel mills in Pennsylvania, food products to move to su-
permarkets in California, and shipping containers to move from ports throughout
the country.
POSITION OF THE LEAGUE
Safety: The safe movement of goods is a major concern of League members. There-
fore, the League supports the efforts of Congress, the Department of Transportation,
the states, shippers, and carriers in making American roads safe. League members
are directly and indirectly afTected by policies established to ensure safe transpor-
tation. First, those League members that operate private truck fleets must directly
comply with safety regulations. In addition. League members, as shippers, are con-
sumers of for-hire motor carrier transportation services and are greatly afTected by
the application of regulations which are intended to ensure the safe and economical
operation of our nationwide transportation system.
^Interstate weight limits are defined as 80,000 pound gross vehicle weight Hmitations, 20,000
pound single axle weight limitations (including enforcement tolerances), 34,000 pound tandem
axle weight limitations (including enforcement tolerances) on a group of 2 or more consecutive
axles produced by applications of Bridge Formula B.
(75)
76
These efforts to improve highway safety have been successful. DOT figures show
that fatal truck accidents have declined over the last decade while the number of
miles driven has increased; the number of trucks on the road have increased; and
the size of the trucks have increased. The reason for this increase in safety is in-
creased enforcement and awareness.
Longer combination vehicles are in use to a limited extent in 20 states, mostly
in the West. While safety figures specifically relating to these trucks are incomplete,
in the few states where statistics are kept, extra-long trucks appear to be safer than
standard trucks. On the New York Thruway, for example, tne accident rate for
LCVs was 0.92 per million miles compared with a rate of 2.37 for standard tractor
trailers.2
According to the Transportation Research Board (TRB), reducing the size of
trucks would have a negative safety impact since the freight would then require the
use of more equipment. The same TRB study estimated that a weight rollback
would increase transportation costs by $7.76 billion annually. This increase would
result in decreased competitiveness and possible job loss.
Safety is achieved through the strict enforcement of safety laws and regulations
not from limiting the size and weight of a vehicle.
Efficiency: American business is constantly under pressure from the tremendous
changes and challenges of the world today. Shippers face the challenge of increased
competition from every comer of the globe. How they meet these changes and chal-
lenges will determine whether or not they survive in the '903 and beyond.
To meet these challenges, business productivity has increased sharply in the last
few years, and transportation has to keep pace with this growth. In recent years,
transportation has kept pace, having boosted annual productivity by 4.5 percent a
year over the last decade, more than twice the rate of all other businesses. Improve-
ments in the efficiency of the trucking industry have been a large part of those pro-
ductivity gains.
Longer vehicles and longer combination vehicles are enormously efficient, increas-
ing cargo capacity by one-third to one half over regular trucks at only a slightly
higher operating cost. Since the majority of goods still travel to market by truck,
anything that makes tractor-trailers more emcient holds down both shipping and
consumer prices. The converse is also true. Anything that lowers the efiiciency of
transportation, lowers the ability of the producer to compete in the global economy,
which ultimately threatens American employment.
The types of commodities moving in 57 foot trailers are light weight or bulky ma-
terials. Shippers seek the efficiency of using these longer trailers for those materials
that completely fill shorter trailers before reaching the legal weight limit. It is im-
portant to realize that longer trailers are not the same as neavier trailers. A trailer
of 57 feet weighing less than 80,000 pounds does no more damage to the highway
infrastructure than a fully loaded 53-foot trailer.
To freeze size and weight limits at the current levels would create inefficiency,
grant competitive advantage to some facilities at the expense of others, and hurt
America's ability to compete. Such a freeze would fail to recognize the dynamic
changes taking place in the world of transportation. One cannot turn the clock back
for the protection of one mode. If that were the case, borax might still be moved
by 20 mule teams instead of freight trains. The market needs to be able to adapt
to changes.
One other aspect of efficiency should be considered. Reducing the size and weight
of trucks, which would cause an increase in the number of trucks needed to move
the same amount of goods, would further exacerbate the national driver shortage.
Permits for Non-Divisible Loads Must Be Preserved: It is of paramount importance
to League members that the current ability of states, provided pursuant to federal
law (23 U.S.C. 127(a)), to issue special overweight permits on interstate highways
where the load cannot be easily dismantled or divided, not be altered, restricted, or
changed. The League emphasizes that the state system of issuing overweight load
permits is vital not only to the motor carrier industry, but indeed also to the health
of the overall national economy. Specifically, companies that rely on the ability to
transport indivisible loads utilizing state overweight permits could be irreparably
harmed as a result of potentially having to relocate production points or to change
their manufacturing and other processes to provide divisible loads that would not
exceed generally applicable weight restrictions. Any attempt, therefore, to restrict
the state system of issuing overweight load permits may result in the loss of jobs
as businesses struggle to change their manufacturing techniques and locations to
comply with transportation regiilations.
2 Journal of Commerce, December 21, 1993.
77
Arguments have been made in support of restricting overweight permits because
of excessive pavement wear. The League questions these arguments considering
that, the nation's highway system is paid for in fees and taxes that are directly re-
lated to their use. For instance, as the weight of the vehicle and load increase, so
does fuel consumption and tire wear. Hence, the heavier a loaded vehicle is, the
more taxes and fees it pays to state and federal governments.
Several League members have provided specific examples of how the limitation
or removal of over-weight and over-dimensional permits would severely hurt their
ability to compete. Armco Steel in Middletown, Ohio, uses these permits to move
steel mill machinery needed to keep the plant up-to-date. This machinery is over
dimensional and cannot be dismantled further. U.S. Steel of Pittsburgh, Pennsylva-
nia, states that their ability to compete in world markets would be significantly re-
duced if they could not get special permits to move their products.
CONCLUSION
The policy statement prefacing ISTEA states that the purpose of the statute, in
part, is to create a national intermodal transportation system "in a unified inter-
connected manner" that supports "the Nation's pre-eminent position in international
commerce." The NHS incluaes routes that provide the needed access to intermodal
{)orts and terminals in furtherance of that policy. Any changes or reduction in truck
engths would be a major impediment to full implementation of ISTEA. A freeze or
rollback would also pose a major obstacle to the continued competitiveness of Amer-
ican business.
[GAO Report to Congressional Committees — November 1993, "Longer Combina-
tion Trucks — Driver Controls and Equipment Inspection Should Be Improved,"
GAO/RCED-94-21 may be found in the committee files.]
Prepared Statement of Earl Eisenhart, Vice President, Policy and
Government Affairs, National Private Truck Council
The National Private Truck Council (NPTC) is the national association of manu-
facturers, processors, distributors, retailers and service companies that operate
truck fieets in support of their commercial activities. NPTC's membership comprises
approximately 1200 national and regional corporations, and includes many of the
Fortune 500 companies.
Collectively, private, or "corporate" truck fieets haul more than half of the nation's
truck freight, and operate 80 percent of the nation's commercial vehicles.
NPTC believes, as a matter of philosophy, that government actions involving the
safety of commercial motor vehicles should be based, wherever possible, on perform-
ance criteria, while allowing fleet operators maximum fiexibility in meeting those
criteria. We also believe, given limited resources for enforcement, that government
actions should be geared toward "working smarter, not harder" by focusing enforce-
ment attention on those fleets, as well as those elements of accident causation that
"need it the most." Our comments today will reflect these philosophies. We ofl'er sev-
eral examples of current or prospective government initiatives which we believe
meet the test for appropriate government involvement and several which we believe
do not.
zero-base regulatory review
An example of government regulation at its best is the Federal Hi^way Adminis-
tration's (FHWA) "zero-base review" of the Federal Motor Safety Carrier Regula-
tions (FMSCRs). This initiative seeks to review the existing regulations to deter-
mine whether they are rational and justified, understandable, worthy of implemen-
tation, performance-based, enforceable and, most importantly, actually enhance
safety and reduce accidents.
We wish to commend the Office of Motor Carriers and its new Director, George
Reagle, for their continuing strong commitment to this effort. The zero-base review
reflects both the desirability of performance-based criteria and the concept of work-
ing smarter, not harder. It is an excellent example of a meaningful effort to
"reinvent government" in a way that provides the greatest safety benefits while
minimizing regulatory burdens.
For example, as a part of the zero-base review, NPTC has asked FHWA to evalu-
ate whether the existing FMCSRs should continue to be applied uniformly to all
types and configurations of commercial vehicles. Commercial vehicles come in a va-
78
riety of shapes and sizes, with varied operating characteristics and vocational uses.
Currently, tne regulations come in "one size fits all." It may not make sense to apply
the same regulatory scheme to a 12,000 pound snack food delivery vehicle as is ap-
plied to an over-the-road vehicle with a gross vehicle weight of 80,000 pounds. We
Delieve the regulatory outcome should be based on the safety performance experi-
ence of these different types of vehicles. The zero-base review provides a mechanism
to address this issue.
We ui^e the members of this subcommittee to support the zero-base initiative.
INTELLIGENT VEHICLE HIGHWAY SYSTEMS
Better use of data to identify problem carriers and drivers and improve motor car-
rier safety, particularly through use of Intelligent Vehicle Highway Systems (IVHS)
technology, is another means to achieve performance based safety management in
a more cost-effective manner.
NPTC has been very much involved in bringing the benefits of IVHS to fruition.
We are participating in ongoing demonstration and developmental projects relating
to IVHS Commercial Vehicle Operations (IVHS/CVO).
From our standpoint, the greatest potential benefit to be derived from IVHS/CVO
is implementation of a nationwide commercial vehicle network, where trucks can