ATU Action Weekly Update - 12/4/06

Transportation Appropriations Still Outstanding

Congress will return from Thanksgiving recess this week with several spending bills still to be negotiated.  Among them is the Department of Transportation (DOT) Appropriations bill which would provide crucial funding for transit systems. 

Given the impending power change in Congress, it is likely that the DOT bill will be rolled into an omnibus bill for consideration in the next Congress, which will convene in January 2007.

Congressional leaders are currently planning on adjourning at the end of this week after passing the omnibus continuing resolution that will keep the government, including the DOT, funded through February 15. 

 

Transit Security a Priority for Next Congress

With Democratic majorities in both the House and the Senate, the possibility of advancing comprehensive transit security legislation has greatly increased.  In fact, Congressman James Oberstar (D-MN), the incoming Chairman of the House Transportation and Infrastructure Committee, has already announced that increased security of all modes of transportation would be his goal for the new Congress.

Similarly, the presumptive Homeland Security Committee Chairman Bennie Thompson (D-MS) and Speaker-elect Nancy Pelosi (D-CA) have both expressed their support in the past for more transit security funding and training requirements.

The ATU will continue its push throughout the next Congress for transit security legislation that will increase funding for security initiatives and mandate that all frontline transit employees receive emergency preparedness and response training.

 

FMCSA to Amend CDL Medical Requirements

The Federal Motor Carrier Safety Administration (FMCSA) has issued a notice of proposed rulemaking to amend the agency's regulations to merge information from the medical certificate into the commercial driver's license, as requried under current law.

Under Section 215 of the Motor Carrier Safety Improvement Act, CDL holders are required to provide a current original or copy of their medical examiner's certificates to their state driver licensing agency.  The rulemaking would also require the state agency to record on the Commercial Driver License Information System driver record what certification the driver has. 

Under this proposed rulemaking, the CDL drivers would no longer to have to carry a medical examiner's certificate, because their certification status would be verified electronically.  The ATU is reviewing the proposed rule and will file comments addressing any privacy concerns.

 

NTSB Recommends Ban on Cell Phone Use by Bus Drivers

On November 21, 2006, the National Transportation Safety Board (NTSB) issued a recommendation to the 50 states, the District of Columbia and the FMCSA that they institute a ban on cell phone use by CDL holders with passenger-carrying or school bus endorsements while they are operating a CMV. 

The recommendation followed an investigation into a 2004 motorcoach collision with a bridge overpass.  The NTSB concluded that the bus driver's cell phone converation at the time of the accident diverted his attention from driving, and, as a result, he failed to notice a low-clearance warning sign for the bridge.  The driver was using a hands-free device.

"As shown by this accident, researchers have found that drivers conversing on a cellular telephone are cognitively distracted from the driving task; that is, drivers' mental resources are diverted from the driving task, consequently impairing driving performance," stated the NTSB Safety Recommendation Letter issued to the ATU.  "Research has also shown that conversing on a hands-free cellular telephone ... while driving impairs performance."

"Epidemiological studies indicate that the risk of being involved in a crash when using a cellular telephone is almost four times higher than when a cellular telephone is not used and that using a hands-free cellular telephone is no safer than using a hand-held cellular telephone," the letter continues.