WASHINGTON, D.C.
-- Rep. Neil Abercrombie (D-Hawaii) has introduced legislation to
correct an unintended consequence of the Motor Carrier Safety Act of
1999 that exposes bus operators to loss of their livelihood for
various traffic offenses committed in their private automobiles.
H.R. 3725 was introduced at the request of the UTU.
That 1999 law it would amend eliminated an option for those
holding a commercial driver's license to attend traffic violator
school while maintaining their commercial driving privileges.
The Department of Transportation's Federal Motor Carrier Safety
Administration (FMCSA) crafted new regulations that, effective later
this month, could result in bus operators losing their jobs for
non-job-related traffic offenses in any state.
The inequity is that a holder of a commercial driver's license
stands to lose that license as well as their job for a traffic
violation committed in their private automobile; but private vehicle
operators face no such loss of license when they commit similar
traffic offenses.
Thus, bus operators on vacation and caught, for example, in a
speed trap, or wrongly accused of a traffic offense hundreds of
miles from home, are at significant economic risk.
Moreover, under the law as interpreted by the FMCSA, states are
powerless to make exceptions from the federal law, nor are they
permitted to provide remedial training as an alternative to
canceling the commercial driver's license.
States also are barred by the current law from issuing a
provisional license permitting the holder of a commercial driver's
license to continue working while receiving remedial training.
"The purpose of the 1999 law was to improve highway safety
through enhancing the methods of dealing with commercial drivers who
receive certain moving traffic violations," said UTU International
President Paul Thompson. "The intent was not to eliminate the
re-education and re-training of commercial drivers, and that is what
the UTU and Rep. Abercrombie are seeking to correct."
The UTU has been alone in this fight on behalf of bus operators.
Previously, the UTU officials met with Transportation Secretary
Norman Mineta and the head of the FMCSA. Although Mineta recommended
the regulations be changed, the FMCSA declined to do so, citing its
interpretation of the 1999 law.
Abercrombie, also at the UTU's request, attempted to have
corrective language included in a massive highway-spending bill
recently passed by Congress, but was unsuccessful. He followed up
with his stand-alone bill aimed at correcting the problem.
UTU members can assist by urging their congressional
representatives to support H.R. 3725. Holders of a commercial
driver's license should not be singled out for special punishment
that strips them of their license and their job.
"They should have the same treatment as the general public," said
Mike Anderson, assistant California state legislative director. "The
UTU's commitment to continue the fight on behalf of its bus
operators demonstrates the will of our locals, general committees,
legislative boards and the International." Anderson said it is
"unfortunate" that many others, "who should have been concerned,
were not involved."
Here is what the Abercrombie bill would accomplish:
-- It would prohibit DOT or the FMCSA from issuing or enforcing
any regulation to prohibit a commercial motor vehicle driver from
participating in a driving school in the disposition of a traffic
violation;
-- It would prohibit DOT or the FMCSA from requiring that a state
NOT issue a provisional driver's license in the disposition of a
traffic violation. A provisional license permits the holder to
continue driving on the job as well as between home and work.
-- When traffic violations are cited in states other than where
the operator holds a commercial driver's license, that violation
would not be automatically considered as reason for commercial
driver's license disqualification.
"Education and training, as well as re-education and re-training,
should remain as an important and essential part of whatever methods
are used to oversee and improve the driving skills and/or abilities
of commercial drivers," said Roy Arnold, vice president of the UTU
Bus Department. "The elimination of these options by any oversight
agency is counter-productive to the improvement of highway safety.
"Traffic violations received by a commercial driver in a non-home
state should be carefully evaluated to be certain that statutory
language in both states is compatible," Arnold said.
Unless H.R. 3725 is passed, "we could see highway safety
negatively impacted through a variety of unintended consequences,"
Arnold said. "This would include the disqualification of multi-year
safe and experienced commercial drivers, who obtain certain moving
violations, with drivers who are less experienced and less trained."