“You do not examine legislation in the light of the benefits it will convey if properly administered, but in the light of the wrongs it would do and the harms it would cause if improperly administered.” – Lyndon B. Johnson
While Western democracy remained safe during the August recess, your U.S. Senators and members of the House of Representatives return to Washington, D.C., from their home states and districts to pick up where they left off. Just prior to leaving the District, several bills were introduced in the House that we discussed in the last issue of Bus & Motorcoach News. The following bills were introduced afterward and provide some insights into the current Congress as we approach reauthorization of the FAST Act next year.
H. R. 3781 – Improving National Safety by Updating the Required Amount of Insurance Needed by Commercial Motor Vehicles per Event (INSURANCE) Act of 2019
Introduced by Rep. Jesus G. “Chuy” Garcia, (D-IL-4), the Act directs the Secretary of Transportation to increase the minimum insurance required from property carriers from $750,000 to $4,923,154, using medical inflation as the sole formula for the dramatic increase.
The bill further states, “In passing the Motor Carrier Act of 1980… Congress intended for the minimum insurance levels to maintain safety.” According to the House Report, “the action of the Committee in increasing financial responsibility is to encourage the carriers to engage in practices and procedures that will enhance the safety of their equipment so as to afford the best protection to the public.”
H.R. 3781 is similar to H.R. 3383 – Safe and Fair Environment on Highways Achieved through Underwriting Levels Act, highlighted in the July 15, 2019, issue of Bus & Motorcoach News, which instructs the Secretary of Transportation to increase the insurance limits for property carriers to $4,532,550.
If passed, H.R. 3781 would adjust the new limits every five years while H.R. 3383 would adjust the limits annually.
While we have not seen any legislation introduced that would raise the insurance limits of passenger carriers, it seems highly likely we will see similar legislation with the compelling argument that if trucks are required to carry nearly $5 million, buses carrying passengers instead of property should carry $__?__.
H. R. 3781 enjoys six Democrat co-sponsors: Rep. Matt Cartwright, (D-PA-8); Rep. Adriano Espaillat, (D-NY-13); Rep. Grace Meng, (D-NY-6); Rep. Steve Cohen, (D-TN-9); Rep. Donald M. Payne, Jr., (D-NJ-10); and Rep. Darren Soto, (D-FL-9).
H.R. 3959 – School Bus Safety Act of 2019
Introduced by Rep. Steve Cohen, (D-TN-9), H.R. 3959 would mandate a massive overhaul of school buses and drivers by requiring:
- A three-point safety belt at each designated seating position;
- Fire Protection Requirements, including –
- Fire suppression systems that, at a minimum, address engine fires; and,
- Ensure that no hazardous quantity of gas or flame can pass through the firewall from the engine compartment to the passenger compartment;
- Adopt airline standards for interior flammability and smoke emissions;
- An automatic emergency braking system;
- Event data recorder;
- And electronic stability control system.
Additionally, the bill mandates prospective school bus drivers receive a minimum of 30 hours of behind-the-wheel instruction on public roads with a trained instructor who possesses a valid commercial driver’s license with a school bus endorsement.
The bill also directs the Federal Motor Carrier Safety Administration and the Federal Railroad Administration to complete the obstructive sleep apnea rulemaking process and publish a final rule, previously withdrawn by the Trump Administration by citing ample screening in the current medical evaluation process.
Both bills have major implications for the motorcoach industry as it not only reflects the current Congress but could impact the minimum vehicle and driver standards by raising capital and operational cost.
In general, buses are most often attractive because of the economy afforded groups and individuals. Motorcoaches and school buses have an exemplary safety record and represent the safest form of surface transportation in the nation. Operating in an environment where nearly 40,000 fatalities occur on the nation’s roadways, the school and over-the-road bus industry on average represent less than 25 fatalities annually.
As these bills progress, the UMA Legislative & Regulatory Committee will be developing positions. They value your insight. Let them know your thoughts.
For now, these bills remain under the caution light. As always, send me an email and let me know your thoughts at kpresley@uma.org.
