SENATE JOINT RESOLUTION NO. 11
INTRODUCED BY J. TESTER, WANZENRIED, COLE, DOHERTY, FACEY, G. FORRESTER, LINDEEN, SHEA, TAYLOR, F. THOMAS, WITT
A JOINT RESOLUTION OF THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA OPPOSING THE FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION'S PROPOSED HOURS OF SERVICE REGULATIONS.
WHEREAS, the trucking industry employs more than 9 million people, delivers 80% of the national freight measured by value, and is the exclusive provider of freight services to 75% of the communities in the United States; and
WHEREAS, the trucking industry is a critical component of the United States economy; and
WHEREAS, truck safety is an important public policy concern; and
WHEREAS, the current federal regulations that are meant to reduce truck driver fatigue are outdated, counterproductive, and in need of revision; and
WHEREAS, the Federal Motor Carrier Safety Administration (FMCSA) recently issued a Notice of Proposed Rulemaking regarding the federal hours of service rules for commercial drivers; and
WHEREAS, the FMCSA's proposal would decrease the overall number of hours that a truck driver could work, requiring the addition of more trucks and drivers to deliver the nation's freight; and
WHEREAS, this impact would likely compromise safety by generating more exposure to crashes, putting less experienced drivers on the road, exacerbating the shortage of rest area parking spaces, and creating long periods of idle time for truck drivers; and
WHEREAS, under the proposed changes, the increased costs generated by the need for additional trucks and drivers, as well as operational changes, would inflate delivery expenses and raise business and consumer costs; and
WHEREAS, the proposal requires some trucks to carry on-board recorders for enforcing the hours of service regulations; and
WHEREAS, this requirement is unlikely to impact safety and raises serious, legitimate concerns regarding privacy and the potential for abuse of the information and would place additional financial burdens on the trucking industry, with small businesses being the most severely and disproportionately affected; and
WHEREAS, the proposal rescinds current provisions that give states the flexibility to address certain unique requirements, such as the ability to effectively respond to emergencies and to meet seasonal agricultural needs, that cannot be met under the limitations of a general hours of service regulation; and
WHEREAS, the proposal unjustifiably removes exemptions for agricultural transporters that are critical to farmers during the harvest season and will severely disrupt the carefully orchestrated system of transporting fresh food from farm to market; and
WHEREAS, the proposal unjustifiably removes exemptions for intrastate operations that currently give states a measure of flexibility to address special circumstances within their own borders; and
WHEREAS, the FMCSA inexplicably removes the exemptions for drivers engaged in emergency operations, including exemptions for drivers of utility service vehicles and for drivers of snow and ice removal vehicles; and
WHEREAS, the loss of these exemptions will prevent workers engaged in emergency operations from properly carrying out their duties, possibly putting public safety at risk; and
WHEREAS, the law enforcement community has raised concerns about the ability of commercial vehicle safety inspectors to effectively enforce the proposed regulations; and
WHEREAS, the FMCSA's cost-benefit analysis of the proposal is incomplete and fails to completely account for all trucking industry and economywide costs and inflates the safety benefits of the proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE SENATE AND THE HOUSE OF REPRESENTATIVES OF THE STATE OF MONTANA:
That the Montana Legislature oppose the Federal Motor Carrier Safety Administration's proposed hours of service rule and urge the Federal Motor Carrier Safety Administration to issue a new proposal that is based on sound science, enhances public safety, and strengthens the ability of the trucking industry to meet the needs of the American economy.
BE IT FURTHER RESOLVED, that a copy of this resolution be transmitted to the United States Secretary of Transportation, the Administrator of the Federal Motor Carrier Safety Administration, the chairs and ranking members of the relevant committees of the United States Senate and House of Representatives, the Western Governors' Association, Senators Max Baucus and Conrad Burns, and Representative Dennis Rehberg.
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