CONTACT: Beth Weaver, 301-814-4088 [email protected] Family Members of Truck Crash Victims, Law Enforcement, Labor and Safety Groups Urge Congress to Stop Pandering to Trucking Interests and Start Paying Attention to Public Safety and Public Opinion House Appropriations Committee Rejects Amendment to Strip Anti-Truck Safety Riders from Bill By a Vote of 31-20 Consumer Warning: Dangerous Road Conditions Ahead if Special Interest “Riders” in House Transportation Spending Bill Become Law WASHINGTON, DC (Wednesday, May 13, 2015) – Today, families who have had loved ones killed in large truck crashes joined law enforcement, labor and safety groups to urge Congress to put public safety before corporate profits. Despite alarming increases in truck crash deaths and injuries since 2009, some members of Congress are pushing a legislative overhaul of lifesaving truck safety laws and rules in the Fiscal Year (FY) 2016 Transportation, House and Urban Development (THUD) appropriations bill at the request of influential industry executives. So-called “riders” in the bill will force every state to allow extra-long trucks pulling twin 33 foot tractor trailers throughout the country, dramatically increase working and driving hours for truck drivers to 82 hours a week, allow exemptions to federal truck size and weight laws, and stop a public rulemaking reviewing minimum insurance coverage for trucks and passenger carrying buses. “Truck crash fatalities have gone up by 17% and injuries by 28% over the last four years. Every year an average of 4,000 people needlessly die in truck crashes and 100,000 more are injured. Commercial motor vehicle crashes have a price tag of $99 billion annually. The economic and emotional costs to families and our economy are staggering. Yet, instead of advancing public safety, proposals are now being considered in Congress advancing industry profits.” said Jackie Gillan, President of Advocates for Highway and Auto Safety. “If these industry giveaways are enacted into law there will be oversized and overweight trucks being driven by overworked truckers throughout the country. Public opinion polls are clear and convincing. The public does not support any of these changes by large majorities.” The FedEx Double 33s proposal will result in trucks at least 84 feet long, the height of an 8-story office building, often traveling at high speeds on all highways and local roads and streets throughout the country. Lisa Shrum of Fayette, Missouri, whose mother and stepfather were killed in a crash involving a FedEx double trailer truck said, “I am here today to honor my loving mom and Randy. But, I am also here to speak out against the current legislation under consideration in Congress. By furthering the legislative agenda of special trucking interests – by allowing trucks to become even longer and heavier, not to mention driven by tired truckers – our highways will become even more dangerous, even more lethal.” “The Teamsters don’t support longer, heavier trucks, even if it meant more trucks on the road, and potentially more drivers and Teamster members,” said LaMont Byrd, Director, International Brotherhood of Teamsters Safety & Health Department. “It’s not about jobs, it’s about safety. It’s about ensuring as safe a workplace for our members who drive for a living as anyone working a job on a factory floor.” Also in the THUD bill is the “Tired Truckers” provision which was pushed through by Sen. Susan Collins (R-ME) in last year’s spending bill. The temporary suspension of the “weekend off” for truck drivers would essentially become permanent, despite clear and compelling evidence that truck driver fatigue is a serious safety problem. “As you may know, this is National Police Week. Officers from around the country will honor fellow officers lost in the line of duty during the previous year. The names of fallen officers added to the National Law Enforcement Officers Memorial walls include many who have lost their lives in traffic related incidents. In the past ten years that number is close to 600 law enforcement officers,” said Captain Robert Kneer of the Fair Lawn New Jersey Police Department. “I urge Congress to stop these truck safety rollbacks. We owe it to the memory of those officers who gave the supreme sacrifice and the thousands of police officers who risk their lives every day enforcing traffic safety laws in high-speed and dangerous situations to keep our streets and roads safe for everyone.” Daphne Izer, Founder of Parents Against Tired Truckers (PATT), who lost her son Jeff in a crash caused by a Walmart driver who fell asleep at the wheel said, “Truck drivers are being pushed beyond physical and mental limits to work up to 82 hours a week, more than double the average work week of most Americans. And, truck crash fatalities are on the rise. Yet, ignoring these sobering facts, Congress seems dead-set on putting more tired truckers on the road. This will jeopardize their lives and the lives of our family members.” The THUD bill includes exemptions from federal truck size and weight limits for Idaho and Kansas. If passed, trucks up to 129,000 pounds – more than 60% above the current federal limit – will be sharing the road with Idahoans throughout the state. Additionally, Kansas motorists, motorcyclists, pedestrians and bicyclists will be on the road with trucks that are potentially more than 100 feet long. These changes pose serious risks to the citizens, infrastructure, and budgets of the state and should not be pushed through a backdoor funding process in the United States Congress. “Congress should be taking action to improve, not worsen, our infrastructure,” said Officer Robert Mills of the Fort Worth, Texas Police Department. “It shouldn’t take a disaster like the bridge collapses in Minneapolis and Washington State to spur action. Yet, despite those clear warning signs and our increasingly crumbling infrastructure, Congress is still pushing for longer and heavier trucks. While we don’t know where the next disaster will happen, we do know that adding more length and more weight leads to more damage and more devastation. “I cannot remember in the last 25 years a more industry coordinated and comprehensive attack on motor carrier safety,” said Joan Claybrook, Chair of Citizens for Reliable and Safe Highways. “We urge Congress to reject this bill and ask Secretary of Transportation Anthony Foxx to recommend that President Obama veto any spending bill that includes anti-safety measures and will cause more deaths and injuries on our streets and roads. Families will be paying with their lives and their wallets if trucking interests are successful.” ### Statement of Captain Robert Kneer Captain, Fair Lawn, New Jersey Police Department Washington, D.C. May 13, 2015 Good afternoon. I am Captain Robert Kneer. I am a 42 year veteran of the Fair Lawn, New Jersey Police Department, and Commander of the New Jersey State Honor Guard. In my line of duty, I have worked many crash scenes, and seen first-hand the catastrophic destruction that occurs when an 80,000 pound truck collides with a passenger car. The car occupants are almost always the losers. Truck driver fatigue is a known killer. And yet, as I speak to you, members of Congress are poised to make this problem worse by forcing truck drivers to work and drive even longer hours and take away their weekend off. Congress is also prepared to increase the size and weight of trucks on our roadways. If Congress does not make an immediate course change, more families will be put in the path of bigger, heavier trucks being driven by fatigued and tired truck drivers. As you know, this is National Police Week. Officers from around the country will honor fellow officers lost in the line of duty during the previous year. The names of fallen officers added to the National Law Enforcement Officers Memorial walls include many who have lost their lives in traffic related incidents. In the past ten years that number is close to 600 law enforcement officers. I urge Congress to stop these truck safety rollbacks. We owe it to the memory of those officers who gave the supreme sacrifice and the thousands of police officers who risk their lives every day enforcing traffic safety laws in high-speed and dangerous situations to keep our streets and roads safe for everyone. And we owe it to the 4,000 people who are killed every year in preventable truck crashes. The needless fatalities must stop and this assault on truck safety must be defeated. Thank you. STATEMENT OF LISA SHRUM May 13, 2015 Good afternoon. My name is Lisa Shrum. I never imagined I would be here today in the United States Senate, so far from my hometown of Fayette, Missouri. But I'm here to share my story, one I wouldn't wish on any family. This past Sunday was Mother’s Day, but I wasn’t able to tell my mom how much I loved her and how much she meant to me. My mother, Virginia, died on October 10, 2006, in a devastating crash that also killed her husband, Randy. They were driving home to Pleasant Hill, Missouri after dropping off a car in Fayette for my younger brother. They were traveling on Interstate 70 shortly after 11 p.m. Driving conditions were not ideal. But then, they rarely are when you’re on a heavily traveled highway with cars and big trucks moving at high speeds. They had just crested a hill. There was a crash ahead on the road and visibility was poor. In addition, a FedEx double trailer truck had swerved into the left hand shoulder to avoid the upcoming crash. Because of the sheer length of the FedEx truck’s two trailers, the back end of the second trailer extended into the passing lane of traffic. Mom’s vehicle hit the double trailer sticking out into the lane ahead of her, spun out, and was then struck by another tractor trailer which sliced her vehicle in half. Both my mom and Randy were killed. There was a third fatality that day, a young father and husband, and ten people injured in this multi-vehicle crash. When I think about the crash and hear about lobbying efforts by FedEx and others to make trucks even longer and heavier, I cringe. I cringe to think about how much worse it would have been, how many more cars would have been hit, and how many more people would have been killed if longer, heavier trucks were involved. That day a void was created in my life and my family’s life that can never be filled. My brothers and I lost our mom and step-dad. My son, Malakai, who was only 18 months old at the time, will never know his grandmother and Randy except in photos. Mom was an avid horse enthusiast. Her grandson will never get to enjoy with her the pony ride she was planning for him. My brother Harrison, who was 18 at the time of the crash, missed getting to dance with his mom at his wedding. He has longed for her advice on raising his baby girl, Hailee, who will never meet her grandmother. Each milestone that passes – every Mother’s Day, every birthday, every holiday, and every single day, good and bad – reminds me that our mother was tragically taken from us. It is a void that will never be filled. I am here today to honor my loving mom and Randy. But, I am also here to speak out against the current legislation under consideration in Congress. By furthering the legislative agenda of the trucking interests – by allowing trucks to become even longer and heavier, not to mention driven by tired truckers – our highways will become even more dangerous, even more lethal. The crash that killed Mom and Randy was horrific. There is no safety technology that could have protected them from a twin trailer. The result on their pickup, as you can see in these photos, was complete obliteration. It's hard to recognize what the vehicle must have looked like before the crash. Only Randy's “Army Dad” license plate is still discernible. Even in death, he was able to tell his son Jesse how proud he was of him. Everyone here thinks – “it can’t happen to me.” But trust me, it does happen to families every day. And it will only worsen, with increased frequency and enhanced tragedy, if FedEx and others have their way. I am a middle school math teacher and I want to help FedEx and their supporters in Congress with some numbers. Over the last two years, there have been approximately 90 people killed and more than 1,250 injured in FedEx truck crashes. When we look at all accidents involving large trucks, the numbers are even worse. Every year 4,000 people are needlessly killed and 100,000 more are injured on our nation’s highways in crashes involving large trucks. 96% of people killed in a crash involving a large truck and a car are in the passenger vehicle. Double trailer trucks have an 11% higher fatal crash rate than single trailer trucks. Is it really so important that FedEx be allowed to carry more packages when it means more oversized trucks on our streets and highways? Is it really so important for FedEx and other trucking companies to increase their profits? Congress, I plead with you, do not put profits ahead of public safety. I know what’s important and I pray Congress is listening. Having your mom here for Mother’s Day and having her around to share your life is important. Letting a grandson know the joys of having his grandma – that's important. Allowing longer, heavier trucks will equate to more safety risks, more injuries, and more deaths. Allowing longer, heavier trucks will mean more families, like mine, spending more holidays without a parent, child, sibling or close friend. I urge Congress to say NO to FedEx and all of the other trucking interests. Thank you. LaMont Byrd, Director, International Brotherhood of Teamsters Statement on Anti-Safety Measures in THUD Appropriations Bill I am pleased to be here today representing our General President, Jim Hoffa. As many of you know, he has participated in many of these press conferences supporting the current limits on truck size and weight and the need for strong hours-of-service regulations. And he would be here today, except for the fact that he is attending to events relating to the Teamsters annual Unity Conference. So I join with other safety-minded groups and these brave families who have suffered such personal loss, to lend the Teamsters voice in denouncing the roll back of critical safety measures through the actions of the House Appropriations Committee and call upon the Senate to not go down this same dangerous path. Over 600,000 of our 1.4 million members start their workday by turning a key in a vehicle; and whether they drive a school bus, a UPS van, or an 18-wheeler, our nation’s highways and local roads serve as their workplace. So as a union representing those drivers, I want to address two troubling issues that may have a profound effect on highway safety, truck size and weight and time behind the wheel. From a driver perspective, our roads are congested like never before. We all know how it is to drive in heavy traffic. It wears on you. It’s stressful. It’s tiring. Yet there are those that try to make the argument that longer and heavier trucks will make our highways safer. But those arguments are tragically flawed. There is no justification for increasing 28 foot double trailers to 33 feet. Unless, that is, you take seriously a report written by the trucking industry that is pushing for this change. These longer configurations mean greater stopping distances. Our merging lanes aren’t designed for these longer trucks to get up to the speed they need to safely merge, and most of our off-ramps aren’t designed for longer heavier trucks. Just look at the scuff marks on the jersey walls. Proponents of heavier longer trucks say that increasing lengths and weights will mean fewer trucks on our highways. We know that’s just not true. Historically, every time there has been an increase in truck size and weight, truck traffic has increased. Why does that happen? Because when you put more cargo on a truck, it becomes cheaper to ship by truck than by rail, or some other mode of transportation. It’s simple economics. One might wonder why the Teamsters wouldn’t support longer heavier trucks, if it meant more trucks on the road, and potentially more drivers and Teamster members. Well, even if that were true, it’s not about jobs, it’s about safety. It’s about ensuring as safe a workplace for our driver members as anyone working a job on a factory floor. It’s also about protecting our existing infrastructure, much of which is in serious disrepair. Adding a sixth axle to a CMV, if it’s deployed properly, can mitigate some of the potential damage to our highways. But 97,000 pounds on a bridge is 97,000 pounds. And with half of our bridges more than 40 years old and one in four being structurally deficient or functionally obsolete, increasing truck weights and lengths isn’t sound transportation policy. And including a provision to increase double trailer size would force 39 states to run 33 foot trailers, all while DOT is conducting a Congressionally-mandated Truck Size and Weight Study. What sense does this make? Now let me address driver hours-of-service and fatigue. Including provisions in an appropriations bill that would effectively continue the suspension of the use of the once-a-week 34 hour restart and the two 1 a.m. to 5 a.m. rest periods will only worsen driver fatigue, as some employers will push their drivers to work over 80 hours per week – twice the normal workweek for most people. These consecutive off duty periods are designed to give drivers the opportunity for rest during their regular circadian rhythm, when studies show that it is most recuperative. And again, this is being promoted while DOT conducts a Driver Restart Study. As we make the necessary investments and improvements in our infrastructure to build the transportation capacity needed to compete in the global economy, we cannot afford to let highway safety be a second thought. These end-around attacks through the appropriations process are a bow to special interests at the expense of everyday people who share the roads and highways with commercial drivers. STATEMENT OF ROBERT MILLS Fort Worth, Texas Police Department May 13, 2015 Good afternoon. My name is Robert Mills and I have served as a Fort Worth police officer for almost 23 years. I have also worked for the Fort Worth Texas Commercial Vehicle Enforcement program for 13 years, served on the executive committee for the Commercial Vehicle Safety Alliance, and am currently a member of the Motor Carrier Safety Advisory Committee. Needless to say, I have a great deal of experience with truck safety, safety violations, fatigued truck drivers and the dangers of heavy trucks. More importantly, I have a 5 year-old son who is the light of my life and my personal motivation to improve safety on our roads. I am out on the highways every day and see the dangerous conditions that motorists, truck drivers and law enforcement face. In my home state of Texas, fifty-six percent of our major roadways are in poor, mediocre, or fair condition and almost a fifth of our bridges are structurally deficient or functionally obsolete. Congress should be taking action to improve, not worsen, our infrastructure. It shouldn’t take a disaster like the bridge collapses in Minneapolis and Washington State to spur action. Yet, despite those clear warning signs and our increasingly crumbling infrastructure, Congress is still pushing for longer and heavier trucks. While we don’t know where the next disaster will happen, we do know adding more length and more weight leads to more damage and more devastation. From a safety perspective, Double 33 foot trailer trucks are a disaster. By increasing 28-foot double-trailer trucks to 33 feet, there will be a six-foot wider turning radius. There would also be a larger blind spot, which will be a greater hazard to pedestrians, bicyclists, motorcyclists and motorists. Longer trucks are also a danger to law enforcement and highway workers, with the chance of being struck increasing due to the "crack the whip" effect, in which small changes in direction by the tractor are amplified and cause large swaying effects in the last trailer behind the truck cab. In the past five years, there have been more than 2,200 deaths in crashes involving a large truck in Texas. Nationwide numbers are even more shocking – in the past five years, more than 18,000 people were killed in large truck crashes and another 500,000 more were injured. This appropriations bill is going to result in even more preventable death and destruction. I urge Congress to stop the tired trucker provision, the double 33s provision, the underinsured truck provision and all increases to truck sizes and weights. Stand up for law enforcement and American families traveling on our roads. Thank you. STATEMENT OF DAPHNE IZER May 13, 2015 Good afternoon, my name is Daphne Izer and I am the founder of Parents Against Tired Truckers (PATT). I founded PATT over 20 years ago after my son Jeff was killed in a truck crash. Jeff was in a car with four friends, when a Walmart truck driver fell asleep at the wheel and crashed into their car. All but one of the teenagers needlessly died. That day, October 10, 1993, five families were forever changed. Unfortunately, my story is not unique. Our country experiences the equivalent of a major airplane crash every week on our roads in truck crashes. Truck drivers are being pushed beyond physical and mental limits to work up to 82 hours a week, more than double the average work week. And, truck crash fatalities are on the rise. Yet, ignoring these sobering facts, Congress seems dead-set on putting more tired truckers on the road. This will jeopardize their lives and the lives of our family members. Last year, I made this same trip to Washington from my hometown of Lisbon, Maine to urge my own Senator, Susan Collins, to stop her egregious efforts to take away truck drivers “weekend off.” My pleas were met by deaf ears and the trucking industry notched another deadly victory in their lobbying efforts. Now, just six months later, the House funding bill essentially continues Senator Collins’s deadly tired trucker experiment. I am not alone in opposing this deadly safety rollback. This issue received widespread public and media attention last summer when a limousine bus carrying comedian Tracy Morgan was hit by a Walmart truck driver who had fallen asleep behind the wheel. James McNair, a fellow comedian, was killed and Mr. Morgan was seriously injured. There were countless editorials all across the country highlighting the problem of tired truck driver fatigue and opposing what Sen. Collins and the trucking industry are doing. Everyday people are needlessly dying on our roads in large truck crashes and many of them involve tired truckers. In fact, about 4,000 people are killed every year. Most are not celebrities whose deaths receive a lot of media coverage. They are parents who left home to go to work, or teens going on a college visit like those killed and injured in the Orland, California FedEx crash, or student nurses returning from a fun weekend away like those recently killed in Georgia, or maybe a child who went out with some friends for an autumn hay ride like my son, Jeff, and never made it home. This will happen over and over again until the trucking industry faces up to the problem and they advance responsible solutions instead of seeking repeal of important safety rules. The public understands this issue and is very concerned. Last October a poll was conducted that showed 80% of Americans don’t want Congress to increase the working and driving hours of truck drivers. Yet, despite that strong statement, Congress is moving ahead with a bill to allow overtired and overworked truckers behind the wheel of overlong and overweight trucks. This has to be stopped. I urge Senator Collins, the members of the House and Senate Appropriations Committees and every Member of Congress to put families before the corporate profits of the trucking industry. Thank you. Statement of Joan Claybrook, Chair and Former Administrator, National Highway Traffic Safety Administration Press Conference on the Trucking Industry Drive to Increase the Dangers of Big Trucks May 13, 2015 Good afternoon, I am Joan Claybrook, Chair of Citizens for Reliable and Safe Highways and former Administrator of the National Highway Traffic Safety Administration. We are here today to talk about an aggressive and astounding assault on truck safety being pushed at the highest levels in the trucking industry, by CEOs such as Fred Smith of Federal Express. Today is “Pay Day” for FedEx and other trucking interests. Unfortunately, American families will be paying with their lives and their wallets if this bill is passed. Tacking special interest riders onto a must-pass appropriations bill without any public review or input is straight out of the corporate lobbyists’ playbook. I thought Congress eliminated so-called “earmarks” but it seems to have survived only for rich corporations trying to overturn commonsense safety laws. Not one of these “earmarks” would survive public scrutiny. These alarming rollbacks on truck size and weights, truck driver hours, and minimum truck crash insurance levels have not been subject to a single congressional hearing, agency review with public input or safety analysis of the impacts on crashes, deaths and injuries. The only document being used to foist double 33 foot trailers on American families was paid for by FedEx and other trucking interests. And, FedEx and other supporters will profit big time if this change is allowed to become law. The industry study ignores reality and estimates the benefits that will come from these dangerous rigs on the premise that larger trucks will result in fewer trucks on the road. This is a faulty and phony hypothesis which history has never supported. This industry-sponsored study is nothing but corporate junk science. This bill not only skirts the regular congressional process, it also ignores the views of states. States are going to be forced to allow double 33 foot tractor trailers even if they don’t want them. And, right now 39 states have laws saying they don’t want them. But Watch Out! because a truck pulling two trailers the length of an eight-story office building is going to be driving next to you and your family at 65, 70 or even 75 miles an hour. Or, you may encounter one on winding, narrow two-lane roads or on crowded streets during your rush hour commute. Last March, an article on the multi-billion dollar profits of FedEx included extensive quotes from Mr. Smith about congressional consideration of his plan to force states to allow Double 33s and the active lobbying of FedEx. He claims, incorrectly, that the twin-trailer proposal enjoys widespread support across the transport spectrum. But he does not mention that the public - who uses and pays for our roads – strongly oppose his plan. So do truck drivers - who are behind the wheel of these oversized rigs on highways and local roads. And so do some trucking companies. And so do railroad companies. And so do law enforcement officials who must deal with the consequences on the highway, and inform families about the loss of their loved ones. It doesn’t matter to the Congressional sponsors of these anti-safety provisions what the public wants or what the states want. The only thing that matters to them is what FedEx and other trucking interests want and how to deliver for them. The Mississippi Transportation Commission recently wrote a letter to Mississippi Senator Thad Cochran, Chair of the Appropriations Committee, stating they don’t want Double 33s because it would “endanger motorists, worsen our crumbling roads and increase the fiscal burden shouldered by Mississippi taxpayers.” Make no mistake, the FedEx proposal is all about increasing their profits at the expense of public safety. Yet, the rollbacks don’t stop there. There are several other anti-safety earmarks slipped into the bill. Idaho trucks will be allowed to weigh up to 129,000 pounds – a more than 60% increase from current federal limits. Kansas trucks will be as long as 100 feet – dwarfing not only passenger cars, but even other trucks. And, tired truckers will continue to be on our roads. The bill essentially extends and expands the backdoor amendment demanded by Senator Susan Collins of Maine late last year to increase the weekly working and driving hours of a truck driver to 82 hours. And, last but not least, the bill stops an open and public government rulemaking. Insurance minimums have not been increased in over 30 years for truck and passenger-carrying buses. Current requirements are grossly inadequate to cover the massive, often financially devastating, costs of serious truck crashes. Rather than allow all stakeholders to participate in the rulemaking, the trucking industry wants to cut out the public by stopping any agency action. I cannot remember in the last 25 years a more industry coordinated and comprehensive attack on motor carrier safety. We urge Congress to reject this bill and ask Secretary of Transportation Anthony Foxx to recommend that President Obama veto any spending bill that includes anti-safety measures and will cause more deaths and injuries on our streets and roads. Families will be paying with their lives and their wallets if trucking interests are successful. Thank you. Stop the Assault on Truck Safety – Support the Price Amendment Truck crash victims and survivors, Advocates for Highway and Auto Safety, AAA, International Brotherhood of Teamsters, American Public Health Association, SMART, American Short Line and Regional Railroad Association, Consumer Federation of America, Railway Supply Institute, Truck Safety Coalition, Road Safe America, Parents Against Tired Truckers, Citizens for Reliable and Safe Highways, The John Lindsay Foundation, KidsAndCars.org, and Trauma Foundation Support the Price Amendment Here are some numbers to consider: Safety: 4,000 people killed, 100,000 more injured in truck crashes every year on average. Commercial motor vehicle crashes cost our nation $99 billion annually. 96% of the fatalities are occupants of the passenger vehicle in fatal two-vehicle crashes between a large truck and a passenger motor vehicle. 17% increase in fatalities and 28% increase in the number of people injured in large truck crashes over the last four years. 76% - the number of respondents in a recent public opinion survey opposed to longer and heavier trucks. 80% - the number of respondents in a recent public opinion poll opposed to increasing truck driver working and driving hours. Trucking Industry: At least 84 feet – the length of a double tractor trailer if the FedEx special interest provision to increase trailer length from 28 to 33 feet passes. At least 97,000 pounds – the weight of trucks if the national limit is lifted or states continue to receive special interest exemptions. In the current version of the THUD bill, Idaho can allow trucks up to 129,000 pounds and Kansas would potentially be operating tractor trailers up to 100 feet or more in length. 82 hours – the work week for truck drivers if the restart rules for hours of service are permanently rolled back. 2 nights of sleep each week taken away from truck drivers after long working and driving hours. Don’t let the trucking industry stack the numbers against public safety On April 29, the House Appropriations Subcommittee on Transportation, Housing and Urban Development (THUD) passed out their version of the Fiscal Year 2016 funding bill for the U.S. Department of Transportation. The bill was marked-up by the full Committee on May 13. Rep. David Price (D-NC) offered an amendment to strike all of the anti-truck safety provisions included in the bill which are a massive assault on truck safety. We urge you to oppose the following provisions: NO to FedEx Double 33’ tractor trailers on federal and local roads (House THUD bill Sec. 125). The anti- safety, pro-industry plan will overturn state laws and bulldoze states to accept trucks that are at least 84 feet long on federal, state and local roads. If truck lengths are increased from 28 to 33 feet, the laws of 39 states (AL, AK, AR, CA, CO, CT, DE, GA, HI, IL, KS, KY, LA, ME, MD, MI, MN, MS, MO, NE, NH, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, VT, VA, WA, WV, WI) which currently prohibit longer trailers may be overturned. States where double 33s are prohibited and states where they are not running will be pressured to allow these longer trucks on their roads which are not equipped to accommodate them. Longer double-trailer trucks will make passing even more dangerous than it already is. A doubletrailer truck using 33-foot trailers would be at least 84 feet long, the height of an 8-story office building, and a triple-trailer truck would be at least 120 feet long, equivalent to a 12-story building. These longer trucks would dwarf the size of an average car and are the equivalent of 5 to 8 passenger cars in length. Increasing lengths will set back intermodal efficiency. At present, intermodal rail cars are equipped to carry six, 28-foot trailers end to end. If trailers are lengthened to 33 feet, rail cars would only be able to carry two trailers per trip. This is half the number of trailers and a 41% reduction in intermodal efficiency. NO nationwide truck size and weight increases raising the federal 80,000 lbs. limit to 97,000 lbs. and more, or granting weight or length exemptions for specific states such as Idaho and Kansas (House THUD bill Secs. 124 and 126) or specific industries. The provision would allow Idaho to operate trucks up to 129,000 pounds and Kansas to operate trucks potentially more than 100 feet long. By overwhelming margins in numerous public opinion polls over the last 20 years, the American public consistently and convincingly rejects sharing the road with bigger, heavier and longer trucks. The most recent poll in January 2015 by Harper Polling revealed that 76% of respondents oppose longer and heavier trucks on the highways and 79% are very or somewhat convinced that heavier and longer trucks will lead to more braking problems and longer stopping distances, causing an increase in the number of crashes involving trucks. Special interest truck size and weight exemptions are essentially “earmarks” for states and “unfunded mandates” imposed on all American taxpayers who bear the cost of federally-financed infrastructure damage and repairs. When special interest or state exemptions are passed, there is pressure on neighboring states to push for similar exemptions. Each special exemption is eating away at the comprehensive federal limit and endangering motorists. NO to extending “Collins Amendment” tucked into the 2015 overall federal spending bill last December that dramatically increases the working and driving hours of truck drivers up to 82 hours a week and takes away their “weekend” off, resulting in more tired truckers and jeopardizing safety (House THUD bill Sec. 132). A provision added to the Cromnibus bill (Pub. L. 113-235) in December 2014 rolled back important safety reforms to hours of service (HOS) rules which were implemented by the DOT in July 2013 after a lengthy rulemaking process which considered 21,000 formal public comments, thorough and compelling scientific research, extensive stakeholder input, as well as three lawsuits. This major change will significantly increase working and driving hours for truck drivers, from 70 hours to 82 hours. Essentially, this provision takes away the two-night off “weekend” for truck drivers. With this provision, the HOS rule reverts to the Bush Administration rule in effect when a 2006 survey of truck drivers found an alarming 65% of truck drivers reported they had often or sometimes felt drowsy while driving and nearly half admitted to falling asleep while driving in the previous year. The assertion that the 34-hour rest period put trucks on the road at times when children are going to school is false. The 34-hour rest period did not restrict a driver from driving at night. In fact, the rule placed no restrictions whatsoever on when a truck driver must drive. NO to a prohibition on a rulemaking going on right now at the U.S. Department of Transportation to determine whether or not motor carriers, including trucks and buses, are required to have sufficient insurance coverage which has not been reviewed and revised since 1985 (House THUD bill Sec. 134). YES to putting the safety of American families and truck drivers first and not the economic agenda of the special trucking interests. Large Trucks 3,964 people were killed and 95,000 people were injured in crashes involving large trucks in 2013.1 In the previous 10 years (2004-2013), more than 43,000 people were killed and nearly one million were injured in crashes involving large trucks.2 Every year on average, over 4,000 people are killed and nearly 100,000 are injured in large truck crashes.3 Of those killed in 2013, 71 percent were occupants of other vehicles in crashes involving large trucks, 11 percent were non-occupants (pedestrians, pedalcyclists, etc.), and only 17 percent were occupants of large trucks.4 Large truck crash fatalities increased again from 2012 to 2013.5 This follows a 9 percent increase in 2010, a 3 percent increase in 2011 and a 4 percent in 2012, for a combined increase in large truck involved crash fatalities of 17 percent since 2009, while the overall number of traffic fatalities for all motor vehicles declined by 3 percent over that same time.6 Similarly, the number of people injured in large truck involved crashes increased by 28 percent since 2009 while the total number of people injured in all traffic crashes only increased by 4 percent.7 LARGE TRUCK SAFETY FACTS Annual truck crash fatalities are equivalent to a major airplane crash every other week of the year. The annual cost to society from crashes involving commercial motor vehicles is estimated to be over $99 billion.8 A January 2015 nationwide survey conducted by Harper Polling found that 76 percent of respondents oppose longer and heavier trucks9. Similarly, a May 2013 public opinion poll by Lake Research Partners found that 68 percent of Americans oppose heavier trucks and 88 percent of Americans do not want to pay higher taxes for the damage caused by heavier trucks.10 Tractor-trailers moving at 60 mph are required to stop in 310 feet – the length of a football field – once the brakes are applied.11 Actual stopping distances are often much longer due to driver response time before braking and the common problem that truck brakes are often not in top working condition. o In 2014, violations related to tires and/or brakes accounted for 5 of the top 10 most common vehicle out-of-service (OOS) violations.12 More than one in every five trucks that is inspected is placed out of service for vehicle deficiencies that prevent it from continuing to operate.13 In fatal two-vehicle crashes between a large truck and a passenger motor vehicle, 96 percent of the fatalities were occupants of the passenger vehicle.14 February 2015 Overweight trucks disproportionately damage our badly deteriorated roads and bridges. An 18,000 pound truck axle does over 3,000 times more damage to pavement than a typical passenger vehicle axle.15 Thirty-two percent of America’s major roads are in poor or mediocre condition and 25 percent of our bridges are structurally deficient or functionally obsolete.16 The Federal Highway Administration estimates that $146 billion in capital investment would be needed on an annual basis over the next 20 years to significantly improve conditions and performance.17 Increasing the weight of a heavy truck by only 10 percent increases bridge damage by 33 percent.18 The FHWA estimated that the investment backlog for bridges, to address all costbeneficial bridge needs, is $106.4 billion. The U.S. would need to increase annual funding for bridges by 18 percent over current spending levels to eliminate the bridge backlog by 2030.19 The U.S. taxpayer unfairly subsidizes bigger, heavier trucks: o According to the FHWA, a truck weighing over 80,000 pounds only pays between 40 and 50 percent of its cost responsibility.20 o The 2007 Transportation for Tomorrow report, mandated by Congress, confirmed that heavy trucks were underpaying their fair share for highway use, that user fee fairness could be achieved through weight-distance taxes, that heavy trucks should pay an infrastructure damage fee, and that the Heavy Vehicle Use Tax—which only contributes $1 billion annually to the Highway Trust Fund—had not been changed since the early 1980s.21 The nation’s deteriorating surface transportation infrastructure has severe effects on America’s economy. The American Society of Civil Engineers found the cost to the economy from the state of the surface transportation infrastructure will be approximately 877,000 jobs lost and suppressed GDP growth of $897 billion by the year 2020. Further, the impact on each American family’s budget would be $3,100 per year, based on lower earnings and higher spending.22 Research and experience show that allowing bigger, heavier trucks will not result in fewer trucks: o Since 1982, when Congress last increased the gross vehicle weight limit, truck registrations have increased 91 percent.23 o Increases in truck size and weights over more than 35 years have never resulted in fewer heavier trucks on the roads.24 Heavy trucks account for 17 percent of our nation’s transportation energy use.25 Trucks with heavier gross weights require larger engines that decrease fuel economy on a miles-per-gallon basis.26 February 2015 1 Quick Facts 2013, NHTSA, DOT HS 812 100, Dec. 2014. (Quick Facts 2013) Traffic Safety Facts 2012: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System, NHTSA, DOT HS 812,032 (2012 Annual Report); and Quick Facts 2013. 3 Id. 4 Quick Facts 2013. 5 Id. 6 2012 Annual Report and Quick Facts 2013. 7 Id. 8 2014 Pocket Guide to large Truck and Bus Statistics: Update October 2014, FMCSA. 9 Nationwide Survey Results, Coalition Against Bigger Trucks. Harper Polling. January 5-8, 2015. 10 Memo Re: Increasing the legal weight for trucks in the U.S., Lake Research Partners, May 7, 2013, available at http://trucksafety.org/wp-content/uploads/2013/05/sts2013-lr-memo-tsc.pdf. 11 Code of Federal Regulations (CFR) Title 49 Part 571 Section 121: Standard No. 121 Air brake systems (FMVSS 121). 12 Roadside Inspections, Vehicle Violations: All Trucks Roadside Inspections, Vehicle Violations (2014 – Calendar), FMCSA, available at http://ai.fmcsa.dot.gov/SafetyProgram/spViolation.aspx?rpt=RDVV. 13 Motor Carrier Safety Progress Report (as of 9/30/14), FMCSA. 14 2012 Annual Report. 15 Equivalent Single Axle Load, Pavement Interactive, Aug. 15, 2007, available at http://www.pavementinteractive.org/article/equivalent-single-axle-load/. 16 2013 Report Card for America’s Infrastructure, American Society of Civil Engineers (ASCE), available at http://www.infrastructurereportcard.org/. 17 2013 Status of the Nation’s Highways, Bridges, and Transit: Conditions and Performance, Chapter 8, FHWA 2014, available at http://www.fhwa.dot.gov/policy/2013cpr/pdfs/cp2013.pdf. 18 Effect of Truck Weight on Bridge network Costs, NCHRP Report 495, National Cooperative Highway Research Program, 2003, available at http://onlinepubs.trb.org/onlinepubs/nchrp/nchrp_rpt_495.pdf. 19 2013 Status of the Nation’s Highways, Bridges, and Transit: Conditions and Performance, Chapter 7, p. 7-30, FHWA 2014, available at http://www.fhwa.dot.gov/policy/2013cpr/pdfs/cp2013.pdf. 20 2000 Federal Highway User Fee Equity Ratios, Addendum to the 1997 Federal Highway Cost Allocation Study Final Report, FHWA, May 2000, available at http://www.fhwa.dot.gov/policy/hcas/addendum.htm. 21 Report of the National Surface Transportation Policy and Revenue Study Commission, Transportation for Tomorrow, Dec. 2007, available at http://transportationfortomorrow.com/final_report/pdf/final_report.pdf. 22 American Society of Civil Engineers, “Failure to Act: The Economic Impact of Current Investment Trends in Surface Transportation Infrastructure,” January 2013, available at http://www.asce.org/uploadedFiles/Infrastructure/Failure_to_Act/Failure_to_Act_Report.pdf 23 2012 Annual Report. 24 Advocates for Highway and Auto Safety, analysis of for-hire truck registrations in the Truck Inventory and Use Survey / Vehicle Inventory and Use Survey, FHWA data, and Maine-Vermont Pilot Program data. 25 Transportation Energy Data Book: Edition 33, U.S. Department of Energy, Jul. 2014, available at http://cta.ornl.gov/data/tedb33/Edition33_Full_Doc.pdf. 26 Western Uniformity Scenario Analysis: A Regional Truck Size and Weight Scenario Requested by the Western Governor’s Association, Apr. 2004, available at http://www.fhwa.dot.gov/policy/otps/truck/wusr/wusr.pdf. 2 February 2015 DOUBLE 33s: SAFETY FACTS Looming Troubles With Longer Doubles Two Too-Long Trailers: “Double 33s” are a truck tractor pulling two 33-foot trailers, for a total trucktrailer-trailer combination length of at least 84 feet – the height of an 8-story building. Americans Reject Bigger Trucks: In poll after poll Americans have made it known that they oppose bigger trucks in any way, shape or form. “Junk Science” Behind Double 33s: The New York Timesi recently published an article exposing that the main study to support double 33 foot long trailers was funded by trucking industry interests – who stand to hugely profit if this change is allowed. According to The New York Times article, a fact sheet about the study did not reveal that FedEx commissioned the report until after the reporter investigated and inquired about the industry’s role. This study is based on a flawed analysis and was conducted by a researcher who has long promoted bigger trucks. State Laws Ignored: A federal mandate for double 33 foot trailer trucks will preempt state laws in states that do not want double 33s, overriding state legislative decisions to protect public safety. Right now, there is a federal minimum of 28 foot trailers – states can already allow double 33s but are choosing not to. A federal law for double 33s would be a game changer which would put unsurmountable pressure on states to allow these overly long trucks on their roads at the expense of safety and state infrastructure spending. Currently, as many as 39 states (AL, AK, AR, CA, CO, CT, DE, GA, HI, IL, KS, KY, LA, ME, MD, MI, MN, MS, MO, NE, NH, NJ, NM, NY, NC, ND, OH, OK, PA, RI, SC, SD, TN, TX, VT, VA, WA, WV, WI) may not allow the operation of these double 33-foot trucks. Truck crashes impose a heavy safety toll: On average, 4,000 people are killed and 100,000 more are injured in truck crashes annually.ii In a crash with a passenger vehicle and a truck, 96 percent of the fatalities are in the car.iii Truck crashes impose enormous economic costs on society; the annual cost to society from crashes involving commercial motor vehicles is estimated to be over $99 billion.iv Dangers Posed by Longer Doubles Double-trailer trucks have a higher fatal crash rate than single-trailer trucksv— o Double trailer trucks have a 11 percent higher fatal crash rate than single trailer trucks. o A shift in freight transportation from single to double trailer configurations will lead to a higher safety risk to the public. Longer trucks take more time to pass— o Passing these behemoths will take longer and be more dangerous. o Longer double 33-foot trailers add a minimum of 10 feet to the length of current 28-foot double trailers, and are at least 84 feet long. Double 33s are equivalent in length to 5 average (16 foot) passenger cars. Passing, especially on two-way, two lane roads will be more perilous for passenger vehicles. o If used as a triple trailer truck, 33-foot trailers add at least 15 feet in length to the already immense size. Longer trailers result in more off-tracking (incursions into other lanes of traffic)— o Longer trailers will cross into adjacent lanes and interfere with oncoming traffic as well as traffic headed in the same direction of travel. o Longer trailers swing into opposing lanes on curves and when making right-angle turns.vi Longer trucks cause serious safety problems on state and local roads— o Longer double trailer trucks will pose an even greater danger of increasing severe crashes as they enter and exit highways and also travel on local roads including lower-class two-way roads, with narrow lanes, winding alignments, limited sight distances, inadequate or no shoulders, and trees and telephone poles at the edgeline. Burdens Imposed by Longer Doubles Longer doubles are premised on “Junk Science” and flawed analysis— o The study,vii on which many of the safety and efficiency claims for double 33s are based, was produced under contract to Federal Express (FedEx) and ConWay. It contains 3 serious flaws: It makes the spurious assumption that two trailers of different lengths (28 v 33 feet) would both be filled to equal weights despite carrying different volumes of freight; It ignores the fact that 33 foot trailers would weigh more when empty than 28 foot trailers, which would decrease the calculated efficiency estimates on those portions of trips when operating below capacity or empty; and, It miscalculates the comparative increase in payload (volume) of 33 foot trailers as compared to 28 foot trailers. Longer trucks will result in less efficient intermodal freight transportation— o Intermodal rail cars are equipped to carry six, 28-foot trailers end to end, stacked 2 high. Rail cars would only be able to carry three 33-foot trailers per trip, which equates to only half the number of trailers and a 41 percent reduction in intermodal efficiency.viii o Existing rail cars cannot be modified to handle 33-foot trailers. Building new rail cars would be cost prohibitive as there are thousands of rail cars already in the field.ix Congress directed the U.S. Department of Transportation (DOT) to study bigger trucks and their impacts on safety and infrastructure— o MAP-21, which passed with strong bi-partisan support, directed U.S. DOT to conduct a comprehensive two-year truck size and weight study to provide data on crash frequency and the impact of large trucks on safety and infrastructure.x No truck size increase should be adopted while the Congressionallymandated study is underway. Public opinion polls are clear, consistent – Americans strongly oppose bigger trucks— o The American public overwhelming opposes the relentless push by some corporate trucking interests to increase truck size and weight.xi o Additionally, many groups and organizations are opposed to longer trucks, including: truck crash victims and survivors; Advocates for Highway and Auto Safety; Truck Safety Coalition; Parents Against Tired Truckers; Citizens for Reliable and Safe Highways; Coalition Against Bigger Trucks; Consumer Federation of America; The John Lindsay Foundation; Trauma Foundation; Center for Auto Safety; KidsAndCars.org; International Brotherhood of Teamsters; SMART Transportation Division (formerly UTU); American Short Line Railroad Association; and, Rail Supply Institute. i ii iii iv v vi vii viii ix x xi Lipton, Eric (April 1, 2015), Trucking and Rail Industries Turn State Troopers Into Unwitting Lobbyists, The New York Times. Traffic Safety Facts 2012: A Compilation of Motor Vehicle Crash Data from the Fatality Analysis Reporting System and the General Estimates System, NHTSA, DOT HS 812,032 (2012 Annual Report); and Quick Facts 2013. 2012 Annual Report. 2014 Pocket Guide to Large Truck and Bus Statistics, FMCSA, May 2014. An Analysis of Truck Size and Weight: Phase I – Safety, Multimodal Transportation & Infrastructure Consortium, November 2013; Memorandum from J. Matthews, Rahall Appalachian Transportation Institute, Sep. 29, 2014. The U.S. Department of Transportation’s Comprehensive Truck Size and Weight Study: Volume III Scenario Analysis, Chapter VII: Roadway Geometry, FHWA-PL-00-029 (Volume III), August 2000. Woodrooffe, J., De Pont, J., (2011, April 11) Comparative Performance Evaluation of Proposed 33 ft Double Trailers Combinations with Existing 28 ft Double Trailers. Coalition Against Bigger Trucks (2014). Id. Moving Ahead for Progress in the 21st Century Act, Pub.L. 112-141, Sec. 32801. Harper Polling Nationwide Survey, Commissioned by CABT, January 2015. U.S. Department of Transportation’s Federal Motor Carrier Safety Administration Debunking the Myths on Federal Hours-of-Service (HoS) Rules for Truck Drivers Myth: FMCSA has applied a one-size-fits-all Hours-of-Service rule and refused to provide any flexibility or options for relief from the regulation for the affected industries. Fact: As authorized by Congress, FMCSA carefully considers and collects public comments on all applications for exemptions from federal regulations -- including the Hours-of Service rules for truck drivers. An exemption provides a person or class of persons with relief from the regulations for up to two years, and may be renewed. To-date, FMCSA has received four petitions for exemptions, which addressed only the 30 minute break requirement of the HoS rule. Two of the petitions have been granted: (1) for carriers of the livestock industry, and (2) for the U.S. Departments of Defense and Energy contractors. FMCSA has no authority to issue an exemption unless an application is first submitted to the Agency. Not a single party or segment of the trucking industry has even applied for an exemption from the new restrictions on the 34-hour restart. Myth: There was no need to update the Hours-of-Service rule. Fact: Nearly 4,000 people die in large truck crashes each year and driver fatigue is a leading factor. In 1995 and again in 1999, Congress directed the U.S. Department of Transportation to address fatigue-related motor carrier safety issues. Through a series of rulemakings, FMCSA attempted to do so but was embroiled in litigation – from both sides -- for almost a decade, creating uncertainty for the industry. In 2011, after years of research and public input from industry and safety advocates, FMCSA finalized the rule that took effect on July 1, 2013 and is in place today. In August 2013, the U.S. Court of Appeals for the District of Columbia Circuit upheld the current hours-of-service rules, after twice overturning previous versions. The Court said, “…our decision today brings to an end much of the permanent warfare surrounding the HOS rules.” Myth: The latest rule was put into place without proper research, study or public input. Fact: All rules implemented by the Federal government are implemented only after proper research, study, and public input is completed. Before finalizing the current Hours-of-Service rules, FMCSA held six public listening sessions and an online question and answer forum, and it carefully considered approximately 21,000 formal docket comments that were submitted from drivers, carriers, state law enforcement, safety advocates and industry associations. The 2011 final rule lists 80 sources of scientific research and data the Agency reviewed and considered, and the Regulatory Impact Analysis cited nearly 50 scientific sources. All of this was on top of hundreds of studies regarding fatigue and hours of work that were considered in past HOS rulemakings, including research on the appropriateness and value of a “restart.” Myth: There is no scientific basis for the current, more restrictive 34-hour restart provision in the current rule. Fact: The FMCSA limited use of the 34-hour restart in the new rule to once every 168 hours (or one seven-day periods) based on the extensive body of research that shows the consequences of long work hours on driver health, and the correlation between long weekly work hours and a higher risk of sleep loss and crashes. The CDC’s National Institute for Occupational Safety and Health published a comprehensive study in April 2004 entitled “Overtime and Extended Work Shifts: Recent Findings on Illnesses, Injuries, and Health Behaviors” [Caruso, C.C., et al. (2004)]. The NIOSH report documents published research on long work hours (greater than 8 hours work per day) and an extended work week (greater than 40 hours per week). This scientific review generally concluded that long work hours were associated with poorer health, increased work-related and non-work related injury rates, increased illness, a greater risk of unhealthy weight gain, cardiovascular disease, increased alcohol use, increased smoking, poorer neuropsychological performance, reduced vigilance on task measures, reduced cognitive function, reduced overall job performance, slower work, and decreased alertness and increased fatigue -- particularly during in the 9th to 12th hours of work. Subsequent to publication of the 2011 rule, a third-party field study – one of the largest ever conducted using commercial motor vehicle drivers -- confirmed the importance of limiting use of the 34-hour restart. The naturalistic field study to measure fatigue among commercial motor vehicle drivers concluded that the current 34-hour restart provision requiring two periods of rest from 1-5 a.m. is more effective at combatting fatigue than the previous version, which did not. This research was peer-reviewed to ensure the methodology and results were solid. In this study, researchers measured sleep, reaction time, subjective sleepiness and safe driving performance, and found that drivers who began their work week with just one nighttime period of rest, as compared to the two nights in the updated 34-hour restart break: Exhibited more lapses of attention, especially at night; Reported greater sleepiness, especially toward the end of their duty periods; and Showed increased lane deviation in the morning, afternoon and at night. Myth: All truck drivers are negatively impacted by the updated rule. The Senate Appropriations amendment fixes this. Fact: A driver is never required to use the 34-hour restart. A 34-hour restart is only necessary if a long-haul truck driver wants to work longer than 60 hours in 7 days or 70 hours in 8 days. Less than 15 percent of long-haul truck drivers -- those who work the most extreme schedules -- are even impacted by the current rule, according to the Regulatory Impact Analysis for the 2011 Hours of Service rule. Those averaging 70 hours per week or less are not affected by the changes to the 34-hour restart because they would never work the number of hours that would require them to use the restart under the current rule. However, any carrier that previously allowed or required its drivers to average up to 82 hours per week – which was allowed under the old rule – is now required to stop this practice. The Senate amendment would allow drivers to return to the extreme schedules allowed under the preJuly 2013 rule, when a company could require a driver to work a maximum average of up to 82 hours, week, after week, after week. Working long daily and weekly hours on a continuing basis is associated with cumulative fatigue, a higher risk of crashes and a number of serious chronic health conditions in drivers. Myth: Crashes, injuries and fatalities were lower under the old Hours-of-Service rule. Fact: While the rate of fatal crashes involving large trucks per 100 million vehicle miles traveled decreased each year from 2005 through 2009, it rose, along with increased demand for freight shipping, from 2009 through 2012. Myth: The Hours-of-Service rule is hurting a trucker’s ability to make money and trucking companies’ bottom lines. Fact: This rule has been in place almost a full year; a year in which the industry has seen higher profitability than any year since 2009. Only those drivers who were working more than 70 hours per week may be affected by having their work limited to an average of 70 hours per week, which is still nearly double the national standard of a 40-hour work week. Myth: The Hours-of-Service rule discriminates against nighttime drivers and forcing them to be on the road during the day and prime rush hours. Fact: There is no body of evidence to support this claim, and supply chain professionals demand their trucking suppliers to make full use of the 24-hour day to move freight throughout our country. Many of the regular nighttime drivers are in the less-than-truckload segment and already take full weekends off, which automatically give them two nights off-duty. This rule also does not prevent carriers and drivers from setting their own schedules, nor does it restrict drivers from being on the roads during any time of the day. Only drivers who run out of time during the work week (i.e., exceed 60 hours of work in 7 days or 70 hours in 8 days) and need to begin a new work week as soon as possible would have to use the 34-hour restart, including two nighttime periods from 1-5 a.m. Even then, there is no requirement that such a driver “hit the road” at 5 a.m. Carrier selection to meet shipper needs has always been a factor in the highly mobile, highly competitive trucking industry. Finally, with less than 15 percent of long haul truck-drivers affected by the 34-hour restart, and many with variable schedules, the impact to morning rush hour would be statistically insignificant due to the distribution of these drivers across the country and the amount of other traffic already on the road. Myth: The rule’s drive-time restrictions are forcing some drivers to shut down their trucks when they’re just a few miles from their destinations. Fact: The 2011 final rule did not change the daily driving time limits or on-duty limits. Drivers have always been required to cease operations when they run out of time. No matter what the limits on driving and work hours are, if the motor carrier and driver plan the schedule so tightly that the driver can barely complete the run legally, this problem will occur. Myth: This rule is exacerbating the driver shortage. Fact: As the economy strengthens and demand increases, more truckers are needed to transport freight. However, high driver turnover is endemic in the trucking industry due to the difficult working conditions, low wages and the demands of the job. The American Trucking Associations determined that in 2013, driver turnover averaged 96 percent compared to 2005 when it reached an all-time high of 130 percent. Shortages of drivers, when and where they do exist, depend more on salaries and working conditions than on other factors. May 12, 2015 The Honorable Harold Rogers, Chair The Honorable Nita Lowey, Ranking Member Committee on Appropriations U.S. House of Representatives Washington, D.C. 20515 Dear Chairman Rogers and Ranking Member Lowey: We are writing to express our serious concerns and staunch opposition to anti-truck safety provisions included in the Fiscal Year (FY) 2016 Transportation, Housing and Urban Development (THUD) Appropriations bill. These “riders” amount to a dangerous, all-out assault on the safety of the motoring public, truck drivers, pedestrians, bicyclists and our nation’s infrastructure. We strongly support the amendment to be offered by Rep. David Price (D-NC) to strip these unworthy and unacceptable provisions from the bill. The timing of this attack on safety is especially egregious considering that deaths from large truck crashes are dramatically up while overall motor vehicle crash fatalities are down. Over the past five years alone (20092013), fatalities from large truck crashes have increased by 17% and injuries have increased by 28%. Every year on average there are 4,000 people killed and 100,000 more injured in large truck crashes which is equivalent to a major airplane crash every week of the year. Further, commercial motor vehicle crashes continue to cost society $99 billion annually. By any measure, this is an alarming death toll which will be made worse if these anti-safety provisions are enacted into law. The bill currently contains a trucking industry “wish list” of safety repeals and rollbacks that put trucking profits ahead of public safety. These include the FedEx proposal to overturn the law in 39 states and force every state to allow “Double 33s” on federal and local roads. These are extra-long trucks exceeding 84 feet in length pulling two 33 foot long trailers. Furthermore, the bill continues the “Tired Truckers” pilot program putting truck drivers and the public at unacceptable risk of death and injury due to driver fatigue, a welldocumented and widespread problem in the trucking industry. There are also provisions allowing specific states to increase maximum truck weights by 50% or more above current federal limits and to increase truck length up to 100 feet or more. Additionally, the bill seeks to stop an on-going agency rulemaking concerning adequate insurance requirements for motor carriers including trucks and passenger-carrying buses. This interference slams the door to any public involvement in an important agency regulatory decision. Without adoption of the Price Amendment, the THUD bill will jeopardize safety and lead to more truck crash deaths by allowing overweight and oversized trucks to be being driven by over-tired truckers across the country. We urge you to amend this bill and drop these industry-supported provisions which opinion polls consistently show are strongly opposed by the public. Advancing highway safety and saving lives should be the top priority of this Committee. The American public expects no less. Sincerely, Jacqueline Gillan, President Joan Claybrook, Consumer Co-Chair cc: Members of the House Committee on Appropriations Parents Against Tired Truckers and Citizens for Reliable and Safe Highways May 11, 2015 The Honorable Anthony Foxx Secretary, U.S. Department of Transportation 1200 New Jersey Ave., SE Washington, DC 20590 Dear Secretary Foxx: We commend your commitment to highway and auto safety as well as the U.S. Department of Transportation’s (DOT) FY 2016 budget request to address serious safety problems facing our nation. You have repeatedly stated in public meetings and congressional hearings that while our nation has made important progress in reducing our highway mortality toll, 32,719 deaths in 2013 are still unacceptable. Even one death is too many for the families and friends of a loved one needlessly killed. As family members who have lost our loved ones in large truck crashes, and other concerned North Carolina citizens, we completely agree and support your position. Unfortunately, while overall motor vehicle fatalities have decreased the past five years, the same cannot be said about truck crash fatalities. In fact, there has been a serious and unabated rise in truck crash deaths and injuries. From 2009 to 2013, there was a 17 percent increase in truck crash deaths and a 28 percent increase in injuries. Yet, in Congress, right now, there is a fullscale assault on truck safety by special trucking interests and their allies. We haven’t seen anything this egregious, with its blatant disregard for safety, in the past 25 years. Rollbacks to lifesaving truck safety laws and regulations are already included in the DOT Appropriations bill being considered on Wednesday in the House Committee on Appropriations. We expect the trucking industry will also try to include these anti-truck safety measures in the transportation spending bill in the U.S. Senate. If these measures are enacted into law, the public will be sharing the roads with overweight and oversized trucks driven by overtired and overworked truck drivers. There is no question that these provisions will result in more deaths, more injuries, more destruction and more damage to our nation’s already crumbling infrastructure. Public opinion polls consistently show strong opposition to bigger, heavier, and longer trucks as well as increasing the federal limits on the working and driving hours of truck drivers. The overall government FY 2015 spending bill enacted by Congress last December included several anti-truck safety provisions that became law when President Obama signed H.R. 83 (P. L. 113-235). Most notably, an amendment sponsored by Senator Susan Collins (R-ME) allows truck drivers to increase their weekly working and driving hours from 70 to 82, and eliminates 2020 14th Street N, Suite 710, Arlington, VA 22201. 703-294-6404. www.trucksafety.org Parents Against Tired Truckers and Citizens for Reliable and Safe Highways their required “weekend” off. DOT’s own data shows that alarmingly high levels of truck drivers are driving while fatigued, and nearly half have admitted to falling asleep behind the wheel. The FY 2016 DOT House Appropriations bill currently contains a trucking industry “wish list” of safety repeals that put trucking productivity ahead of public safety. These include the FedEx proposal to overturn the law in 39 states and force every state to allow “Double 33s” on federal and local roads. These are extra-long trucks exceeding 84 feet in length pulling two 33-foot-long trailers. Furthermore, the bill continues the “Tired Truckers” pilot program putting truck drivers and the public at unacceptable risk of death and injury due to driver fatigue, a well-documented and widespread problem in the trucking industry. There are also provisions allowing specific states to increase maximum truck weights by 50 percent or more above current federal limits and to increase truck length up to 100 feet or more. The House Appropriations bill also contains a provision that would remove the funding for the rulemaking on minimum insurance for motor carriers. Set over 35 years ago at $750,000, the minimum insurance for motor carriers has not been raised since. All too many times this amount is insufficient for all the deaths, injuries and property damage a truck crash can leave in its wake. This appropriations bill, by banning any insurance increases, only shifts responsibility for these crashes onto the American public. When minimum insurance is not high enough to cover longterm health care for a crash survivor, or to pay for bridge repairs after a crash, taxpayers make up the difference. That survivor will become dependent on social security and/or Medicare, instead of the carrier who caused the damage. The bridge or infrastructure impacted will get fixed, but only when a city or state foots the bill. We can no longer allow dangerous trucking companies to shift responsibility for their crashes onto the backs of taxpayers. As our nation’s top transportation official, you are in the position to carry through on your commitment to safety and stop this assault on truck safety by recommending that the President veto any spending bill that includes these safety repeals and rollbacks. Over the past couple years we have witnessed in horror some tragic but preventable truck crashes. Last year, in Orland, California, a FedEx double-trailer truck crashed into a bus transporting high school students and chaperones on a college exploratory trip, killing 10 people and injuring at least 30 more. According to DOT’s website, there have been nearly 2,600 FedEx crashes which have killed almost 90 people in the past two years. Now the company is lobbying for even bigger and even longer trucks on our streets and roads, and have publicly admitted it is to advance productivity and not safety. In New Jersey, comedian Tracy Morgan was seriously injured and James McNair was killed in a truck crash involving a WalMart driver, who appears to have dozed off and did not stop in a work zone despite traffic ahead. And recently, five Georgia nursing students were tragically killed and two others were injured, when their vehicles were mowed down by a runaway truck. The driver did not even slow down when approaching stopped traffic ahead. 2020 14th Street N, Suite 710, Arlington, VA 22201. 703-294-6404. www.trucksafety.org Parents Against Tired Truckers and Citizens for Reliable and Safe Highways We hope we can count on your leadership and commitment to safety to ensure that this Administration does not sign into law any bill that will jeopardize safety in any way. There can be no moral or political justification for allowing a bill to become law that will result in more crashes, more deaths, more injuries and more grieving families. Sincerely, Jennifer Tierney Kernersville, NC Board Member, CRASH Member, Motor Carrier Safety Advisory Committee Daughter of James Mooney Killed in a truck crash 9/20/83 Jackie Novak Edneyville, NC Volunteer, Truck Safety Coalition Mother of Charles “Chuck” Novak Killed in a truck crash 10/24/10 Marianne and Jerry Karth Rocky Mount, NC Volunteers, Truck Safety Coalition Parents of AnnaLeah and Mary Karth Killed in a truck crash 5/4/13 Marvin and Linda Scherl Germanton, NC Volunteers, Truck Safety Coalition Sherri Hager Statesville, NC Volunteer, Truck Safety Coalition J. Kent Williams Greensboro, NC Volunteer, Truck Safety Coalition 2020 14th Street N, Suite 710, Arlington, VA 22201. 703-294-6404. www.trucksafety.org Stutp st ffiixxixxippi TnaNsporteuoN CoullISSIoN Mxr TecsRT NORTHERN DISTRICT Drcr Her,l Tou KrNc CENTRAL DISTRICT SOUTHERN DISTzuCT Crt,qlnt"mt April 30,2015 The Honorable Thad Cochran United States Senate 113 Dirksen Senate Office Building Washington, D.C. 20510-2402 Dear Senator Cochran: On behalf of the Mississippi Transportation Commission, we are writing in opposition to provisions we (THUD) understand may be included in the FY 2016 Transportation, Housing and Urban Development bill in the Senate Committee on Appropriations that would require the State of Mississippi to allow longer double-trailer trucks on its roads. As Chairman of the Senate Committee on Appropriations, we as hope you will oppose any such provisions because these longer double-trailer trucks, often referred to ,,Twin 33s,', would endanger motorists, worsen our crumbling roads and increase the fiscal burden shouldered by Mississippi taxpayers. passed would require the State of Mississippi to allow longer double-trailer trucks[n measuring gg to 91 feet in length-onto all miles of lnterstate and National Network routes statewide. desire other words, the State of Mississippi would have no say in the matter. If longer-truck proponents the authority to operate longer double-trailer trucks and can demonstrate why Mississippians should permit them, they should present their agenda to the Mississippi Transportation Commission and State This law if Legislature to make their case-not to the Federal government. we have attached a map of these National Network routes for your review so you can see how widespread these bigger-truck operations would be. It is troubling to envision an 88-foot long doubletrailer truck hauling from Walnut to Beaumont down State Highway 15, much less the extensive cluster of National Network routes that crisscross the State. These roads have difficulty handling the shorter double-trailer trucks today, and will surely bear extensive damage from even longer trucks' to Complicating this problem is the last thing our roads need, and Mississippi taxpayers are unlikely support an unfunded mandate from the Federal government' posr Opprcr, Box 1850 . |AcrsoN, Mrssrssrppr 39215- I850 . 601-359-7000 ' Fax 60I-359-7051 We also know that there are efforts in Washington to allow heavier single-trailer trucks, as well as tripletrailer trucks. The State of Mississippi is unwavering in its years-long position: We oppose changes in the Federal law that would allow increases in truck size or weight. We face an infrastructure crisis as it stands now, with 3,565 structurally deficient or functionally obsolete bridges in Mississippi-over 20 percent of all bridges statewide. We urge you to oppose any efforts to insert the so-called "Twin 33s" provision in the THUD bill, and please oppose other efforts to increase the size or weight of trucks on Mississippi highways. Sincerely, 4q Dick Hall Chairman Mississippi Transportation Commission Y,rA:tdT"* Mike Tagert Commissioner, Northem District Mississippi Transportation Commission T* H^f Tom King Commissioner, Southern District Mississippi Transportation Commission cc: Cindy Mills, CABT Regional Director Enclosure: Mississippi National Network map
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